“The Congressional Review Act: The Basics”
We’ve received questions about how a new Congress and president could use the Congressional Review Act to overturn some of the previous administration’s rules.
As Election Day 2020 approaches, we’ve received questions from regulatory advocates about how a new Congress and president could use the Congressional Review Act (CRA) to overturn some of the previous administration’s rules, whether regulatory or deregulatory. There’s good reason to be wondering about this: the CRA’s “lookback” provision may well put rules published now within the next Congress’s reach to overturn using the fast-track procedures available under the CRA. To help answer some of these questions, we’ve developed, “The Congressional Review Act: The Basics.” It covers some of the most challenging issues in the CRA, including:
- When its fast-track procedures can be used;
- How far back the CRA can reach; and
- What rules can be overturned.
We also touch on different tactical uses of the CRA, such as an omnibus use of the CRA and how it can prevent substantially similar rulemakings in the future.
Nikka and Diane