Regulation Policy

Congressional Review Act Hasn't Been Used

Advocates of the Regulatory Improvement Act hope they can jar Congress from its regulatory reform lethargy. The Congressional Review Act was supposed to be a weapon to block, or at least delay, questionable federal regulations. But the law hasn't helped remove even a single one of the 7,408 regulations that flowed out of dozens of federal agencies last year.

Political observers say Congress isn't interested in blocking regulations. Some members prefer business as usual and others don't want to waste political capital attacking regulations that haven't roused public opposition. Some analysts say the strong economy has helped leave regulatory reform in the dust.

  • The Congressional Review Act allows Congress 60 legislative days to review a rule.

  • During that time it can pass a joint resolution of disapproval -- which would stop the rule from taking effect.

  • The President could veto such an action, but Congress retains the power to override the veto.

  • Meanwhile, the General Accounting Office is supposed to keep a running tally of agencies that are analyzing rules for the costs and benefits, effect on states and small businesses, and the paperwork the rules created.

Since the Congressional Review Act became effective, only a handful of resolutions to disapprove a rule have been introduced. But not a single one has passed.

Recently, subcommittee staffs in the House of Representatives have been hosting briefings for members' staffs to remind them the law is there and how to use it.

Meanwhile, while the Federal Communications Commission issues hundreds of rules to deregulate the communications industry, the Internal Revenue Service continues issuing a new rule almost every day, and the Agriculture Department issues marketing orders for Irish potatoes from Colorado and rules governing the "Importation of Ratites and Hatching Eggs of Ratites."

Source: Cindy Skrzycki, "Will Congress Wake Up to Its Rule- Blocking Weapon?" Washington Post, February 13, 1998.

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