Tagcongressional review act

On March 25 and 26, 2021, U.S. Senator Chris Van Hollen (D-Md.) and U.S. Representative Jesus Garcia (D-Ill.) introduced companion resolutions in the U.S. Senate and U.S. House of Representatives under the Congressional Review Act (CRA) to block a rule made by the U.S. Comptroller of the Currency (OCC) in October 2020. 

The rule, published in the Federal Register on October 30, 2020, aims to clarify when banks are the true lender in situations where banks provide the money for third-party organizations to extend credit to borrowers. 

The Congressional Review Act gives Congress a chance to review and reject any new regulatory rules created by federal administrative agencies. Both houses of Congress have to pass a resolution disapproving the OCC rule and President Biden would then have to sign that resolution into law to block the rule. Since the law’s creation in 1996, Congress has used the CRA to repeal 17 out of the over 90,767 rules published in the Federal Register during that time.

The OCC rule went into effect on December 29, 2020. A recent edition of the Congressional Record clarified that Congress has 60 days from February 3, 2021, to use the CRA to block regulatory activity taken near the end of the Trump administration. Rules published by the Trump administration after August 21, 2020 fall within the CRA lookback window.

The U.S. Senate version of the resolution has the following 6 cosponsors: Sherrod Brown (D-Ohio), Jack Reed (D-R.I.), Elizabeth Warren (D-Mass), Catherine Cortez Mastro (D-Nev.), Tina Smith (D-Minn.), and Dianne Feinstein (D-Calif.) 

The U.S. House version of the resolution has no cosponsors. 

To learn more about the Congressional Review Act and its use, see here: https://ballotpedia.org/Congressional_Review_Act

Want to go further? Sign up today for our Learning Journey on the Congressional Review Act: https://ballotpedia.org/Journey:_Congressional_Review_Act

Additional reading:

• Final Rule
• Rulemaking
• Midnight Rulemaking
• Administrative State
• Easter deadline to use Congressional Review Act to repeal end-of-term Trump administration regulatory activity (2021)

Link to the U.S. Senate CRA resolution:

https://www.congress.gov/bill/117th-congress/senate-joint-resolution/15/text?r=2&s=5

Link to the U.S. House of Representatives CRA resolution:

https://www.congress.gov/bill/117th-congress/house-joint-resolution/35?s=5&r=2

Text of the OCC rule:

https://www.federalregister.gov/documents/2020/10/30/2020-24134/national-banks-and-federal-savings-associations-as-lenders

Link to Van Hollen’s press release:

https://www.vanhollen.senate.gov/news/press-releases/van-hollen-brown-garcia-announce-congressional-review-act-legislation-to-repeal-trump-era-rent-a-bank-rule

Link to Garcia’s press release:

https://chuygarcia.house.gov/media/press-releases/representative-garc-senators-van-hollen-brown-announce-congressional-review-act

Link to the Congressional Record:

https://www.govinfo.gov/content/pkg/CREC-2021-02-03/pdf/CREC-2021-02-03-house.pdf

On March 25 and 26, 2021, U.S. Senator Sherrod Brown (D-Ohio) and Delegate Michael F.Q. San Nicolas (D-Guam) introduced companion resolutions in the U.S. Senate and U.S. House of Representatives under the Congressional Review Act (CRA) to block a rule made by the U.S. Securities and Exchange Commission (SEC) in November 2020. 

The rule, published in the Federal Register on November 4, 2020, changed regulations governing who may submit shareholder proposals and increased the amount of support proposals would have to receive to be eligible for resubmission at future shareholder meetings.

The Congressional Review Act gives Congress a chance to review and reject any new regulatory rules created by federal administrative agencies. Both houses of Congress have to pass a resolution disapproving the SEC rule and President Biden would then have to sign that resolution into law to block the rule. Since the law’s creation in 1996, Congress has used the CRA to repeal 17 out of the over 90,767 rules published in the Federal Register during that time.

The SEC rule went into effect on January 4, 2021. A recent edition of the Congressional Record clarified that Congress has 60 days from February 3, 2021, to use the CRA to block regulatory activity taken near the end of the Trump administration. Rules published by the Trump administration after August 21, 2020 fall within the CRA lookback window.

To learn more about the Congressional Review Act and its use, see here: https://ballotpedia.org/Congressional_Review_Act

Want to go further? Sign up today for our Learning Journey on the Congressional Review Act: https://ballotpedia.org/Journey:_Congressional_Review_Act

Additional reading:

• Final Rule
• Rulemaking
• Midnight Rulemaking
• Administrative State
• Easter deadline to use Congressional Review Act to repeal end-of-term Trump administration regulatory activity (2021)

Link to the U.S. Senate CRA resolution:

https://www.congress.gov/bill/117th-congress/senate-joint-resolution/16/text?r=1&s=5

Link to the U.S. House of Representatives CRA resolution:

https://www.congress.gov/bill/117th-congress/house-joint-resolution/36?s=5&r=1

Text of the SEC rule:

https://www.federalregister.gov/documents/2020/11/04/2020-21580/procedural-requirements-and-resubmission-thresholds-under-exchange-act-rule-14a-8

Link to the _Reuters_ article:

https://www.reuters.com/article/us-usa-senate-proxy/u-s-senate-democrats-aim-to-undo-trump-era-shareholder-voting-rights-rule-idUKKBN2BI2BS

Link to the Congressional Record:

https://www.govinfo.gov/content/pkg/CREC-2021-02-03/pdf/CREC-2021-02-03-house.pdf

On March 25 and 26, 2021, U.S. Representative Raja Krishnamoorthi (D-Ill.) introduced a resolution in the U.S. House of Representatives under the Congressional Review Act (CRA) to block a rule made by the U.S. Department of Health and Human Services (HHS) in January 2021. 

The rule, published in the Federal Register the day before Joe Biden’s (D) inauguration, set expiration, or sunset, dates for HHS regulations that apply unless the agency reviews those regulations according to the requirements of the Regulatory Flexibility Act (RFA). HHS said the rule would “ensure evidence-based regulation that does not become outdated as conditions change.”

The RFA is a 1980 law that requires federal agencies to consider the effects of regulation on small entities such as small businesses, nonprofit organizations, and local governments. The RFA directs agencies to consider regulatory alternatives for small entities and to consider their input and needs during the rulemaking process.

Opponents of the HHS rule argue that the rule violates the Administrative Procedure Act (APA). According to a lawsuit filed in the U.S. District Court for the Northern District of California, the rule also “creates immediate uncertainty and instability throughout the healthcare system at the very time that the public most needs clear guidelines due to a global pandemic.”

On March 23, HHS issued a new final rule postponing the effective date for the sunset rule in response to pending judicial review.

The Congressional Review Act gives Congress a chance to review and reject any new regulatory rules created by federal administrative agencies. Both houses of Congress have to pass a resolution disapproving the HHS rule and President Biden would then have to sign that resolution into law to block the rule. Since the law’s creation in 1996, Congress has used the CRA to repeal 17 out of the over 90,767 rules published in the Federal Register during that time.

A recent edition of the Congressional Record clarified that Congress has 60 days from February 3, 2021, to use the CRA to block regulatory activity taken near the end of the Trump administration. Rules published by the Trump administration after August 21, 2020 fall within the CRA lookback window.

Rep. Anna Eshoo (D-Calif.) cosponsored the resolution in the U.S. House of Representatives.

To learn more about the Congressional Review Act and its use, see here: https://ballotpedia.org/Congressional_Review_Act

Want to go further? Sign up today for our Learning Journey on the Congressional Review Act: https://ballotpedia.org/Journey:_Congressional_Review_Act

Additional reading:

• Final Rule
• Rulemaking
• Midnight Rulemaking
• Administrative State
• Department of Health and Human Services proposes to sunset regulations (2020)
• Easter deadline to use Congressional Review Act to repeal end-of-term Trump administration regulatory activity (2021)

Link to the U.S. House of Representatives CRA resolution:

https://www.congress.gov/bill/117th-congress/house-joint-resolution/37/cosponsors?r=1&s=5&searchResultViewType=expanded

Text of the HHS sunset rule:

https://www.federalregister.gov/documents/2021/01/19/2021-00597/securing-updated-and-necessary-statutory-evaluations-timely

Text of lawsuit against HHS sunset rule:

https://democracyforward.org/wp-content/uploads/2021/03/County-of-Santa-Clara-et-al.-v.-HHS-et-al.-Complaint-3.9.21.pdf

Text of the HHS rule postponing the sunset rule:

https://www.federalregister.gov/documents/2021/03/23/2021-05907/securing-updated-and-necessary-statutory-evaluations-timely-administrative-delay-of-effective-date

Link to the Congressional Record:

https://www.govinfo.gov/content/pkg/CREC-2021-02-03/pdf/CREC-2021-02-03-house.pdf

On March 25 and 26, 2021, U.S. Senator Martin Heinrich (D-N.M.) and U.S. Representative Diana DeGette (D-Colo.) introduced companion resolutions in the U.S. Senate and U.S. House of Representatives under the Congressional Review Act (CRA) to block a rule made by the Environmental Protection Agency (EPA) in September 2020. 

The Congressional Review Act gives Congress a chance to review and reject any new regulatory rules created by federal administrative agencies. Both houses of Congress have to pass a resolution disapproving the EPA rule and President Biden would then have to sign that resolution into law to block the rule. Since the law’s creation in 1996, Congress has used the CRA to repeal 17 out of the over 90,767 rules published in the Federal Register during that time.

The EPA rule went into effect on September 14, 2020. A recent edition of the Congressional Record clarified that Congress has 60 days from February 3, 2021, to use the CRA to block regulatory activity taken near the end of the Trump administration. Rules published by the Trump administration after August 21, 2020 fall within the CRA lookback window.

The U.S. Senate version of the resolution has the following 17 cosponsors: Chuck Schumer (D-N.Y.), Angus King (I-Maine), Ed Markey (D-Mass.), Chris Van Hollen (D-Md.), Sheldon Whitehouse (D-R.I.), Dick Durbin (D-Ill.), Ben Ray Luján (D-N.M.), Patrick Leahy (D-Vt.), Tina Smith (D-Minn.), Amy Klobuchar (D-Minn.), Chris Murphy (D-Conn.), Brian Schatz (D-Hawaii), Dianne Feinstein (D-Calif.), Tammy Baldwin (D-Wis.), Bob Casey (D-Penn.), Bernie Sanders (I-Vt.), and Alex Padilla (D-Calif.)

The U.S. House version of the resolution has the following 15 cosponsors: Scott Peters (D-Calif.), Conor Lamb (D-Penn.), Nanette Barragan (D-Calif.), Steve Cohen (D-Tenn.), Gerry Connolly (D-Va.), Peter DeFazio (D-Ore.), Ro Khanna (D-Calif.), Ann Kuster (D-N.H.), Eleanor Holmes Norton (D-D.C.), Chris Pappas (D-N.H.), Mike Quigley (D-Ill), Jamie Raskin (D-Md.), Albio Sires (D-N.J.), Nydia Velazquez (D-N.Y.), and Peter Welch (D-Vt.)

To learn more about the Congressional Review Act and its use, see here: https://ballotpedia.org/Congressional_Review_Act

Want to go further? Sign up today for our Learning Journey on the Congressional Review Act: https://ballotpedia.org/Journey:_Congressional_Review_Act

Additional reading:

• Final Rule
• Rulemaking
• Midnight Rulemaking
• Administrative State
• Easter deadline to use Congressional Review Act to repeal end-of-term Trump administration regulatory activity (2021)

Link to the U.S. Senate CRA resolution:

https://www.heinrich.senate.gov/download/maz21298_heinrich-king-markey-cra-s-j-res-epa-methanepdf

Link to the U.S. House of Representatives CRA resolution:

https://degette.house.gov/sites/degette.house.gov/files/DeGette-Peters-Lamb%20methane%20CRA%20res.pdf

Text of the EPA rule:

https://www.federalregister.gov/documents/2020/09/14/2020-18114/oil-and-natural-gas-sector-emission-standards-for-new-reconstructed-and-modified-sources-review

Link to Heinrich press release:

https://www.heinrich.senate.gov/press-releases/heinrich-schumer-king-markey-introduce-resolution-to-reinstate-methane-emissions-standards-to-protect-public-health-tackle-climate-crisis

Link to the Congressional Record:

https://www.govinfo.gov/content/pkg/CREC-2021-02-03/pdf/CREC-2021-02-03-house.pdf