Download Locations

• Open CRS (User submitted)

Summary

The statutory provision known as the "Congressional Review Act" (CRA) (5 U.S.C. ??801-808) established expedited procedures by which Congress may disapprove agencies' rules by enacting a joint resolution of disapproval, with subsequent presentation to the President for signature or veto. Although initially viewed as a reassertion of congressional authority over rulemaking and regulatory agencies, the CRA is now viewed by some as much less effective -- having been used to overturn only one rule in the more than 11 years since it took effect. However, Congress has various other methods to influence agency rulemaking activity, including the addition of provisions to appropriations bills. This report examines the Consolidated Appropriations Act for 2008 (P.L. 110161) and identifies four types of provisions that prevent or restrain federal rulemaking or regulatory activities: (1) restrictions on the issuance of particular final regulations, (2) restrictions on the development of general categories of regulations, (3) implementation or enforcement restrictions, and (4) conditional restrictions. Examples of each of these categories are provided in this report. Although none of these appropriations provisions appears designed to reverse agency rulemaking actions (as the CRA was intended to permit), the number and variety of the provisions clearly illustrate that Congress's ability to oversee and affect regulatory agencies is not confined to CRA resolutions of disapproval. Provisions prohibiting the development or finalization of regulations appear more effective than limitations on the enforcement of regulations, which do not relieve regulated entities of their compliance responsibilities. Also, some regulations are implemented through state or local governments, and some state or local governments have their own statutory and regulatory requirements that are the same as or similar to the federal rules at issue. Finally, it is unclear whether the President will view any of these regulatory restrictions on agency action as unconstitutional infringements on his authority to manage the executive branch. This report will be updated if any changes occur that alter the factual information in the report.

XML