Publication

The Congressional Review Act: A Powerful Tool, But Not a Panacea

January 2017
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With the election of a new President and a new Congress, attention naturally turns to what options are available for not only making new policy, but also for rolling back policy initiated during the previous Administration. The Congressional Review Act (CRA) may provide just the tool for the 115th Congress to roll back some Obama Administration regulations. This legislative mechanism has been rarely used, but will provide an opportunity for a new, unified Republican government to wipe some of the slate clean. In fact, congressional leaders just announced that they will begin targeting recently passed rules. House Majority Leader Kevin McCarthy told reporters that he was working with colleagues to gather a list of half dozen or so regulations for review under the Act. Clearly, many policy makers, in and out of Congress, see it as a powerful regulatory tool to be put to use starting January 20. But it is no panacea. 

Jeffrey L. Turner and Jeffrey G. Long analyze this further in this Insight.