Federal Rulemaking:
Perspectives on 10 Years of Congressional Review Act Implementation
GAO-06-601T: Published: Mar 30, 2006. Publicly Released: Mar 30, 2006.
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This year marks the 10th anniversary of the Congressional Review Act (CRA). Congressional oversight of rulemaking using the CRA can be an important and useful tool for monitoring the regulatory process and balancing and accommodating the concerns of American citizens and businesses with the effects of federal agencies' rules. This statement provides an overview of the purpose and provisions of CRA; GAO's role and activities in fulfilling its responsibilities under the Act; and trends on CRA within the broader context of developments in presidential and congressional oversight of federal agencies' rulemaking.
CRA gives Congress an opportunity to review most rules before they take effect and to disapprove those found to be too burdensome, excessive, inappropriate, duplicative, or otherwise objectionable. Under CRA, two types of rules, major and nonmajor, must be submitted to both Houses of Congress and GAO before they can take effect. The Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget specifies which rules are designated as major rules based on criteria set out in the CRA. Major rules cannot be effective until 60 days after publication in the Federal Register or submission to Congress and GAO, whichever is later. Congress may disapprove agencies' rules by introducing a resolution of disapproval that, if adopted by both Houses of Congress and signed by the President, can nullify an agency's rule. Members of Congress seldom have attempted to use this process. GAO's role under CRA is to provide Congress with a report on each major rule concerning GAO's assessment of the promulgating federal agency's compliance with the procedural steps required by various acts and executive orders governing the regulatory process. GAO compiles information on the rules it receives under CRA in a database containing basic information about major and nonmajor rules. GAO also conducts an annual review to determine whether all final rules covered by the Act and published in the Federal Register have been filed with the Congress and GAO. Although we reported that agencies' compliance with CRA requirements was inconsistent during the first years after CRA's enactment, compliance improved over time. There have been a limited number of CRA joint resolutions, but the benefits of compiling and making information available on potential federal actions should not be underestimated. The procedures for congressional disapproval also may have some deterrent effect. Efforts to enhance presidential oversight of agencies' rulemaking appear to have been more significant and widely employed in recent years than similar efforts to enhance congressional oversight. Some recent legislative proposals have focused on expanding the information and analysis available to Congress on pending rules, while others focus on enhancing the mechanisms that Congress could employ for its own review--and potential disapproval--of agencies' rules.
Feb 13, 2019
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Internet Privacy:
Additional Federal Authority Could Enhance Consumer Protection and Provide FlexibilityGAO-19-52: Published: Jan 15, 2019. Publicly Released: Feb 13, 2019.
Jan 29, 2019
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Indian Programs:
Interior Should Address Factors Hindering Tribal Administration of Federal ProgramsGAO-19-87: Published: Jan 3, 2019. Publicly Released: Jan 29, 2019.
Dec 20, 2018
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Federal Building Security:
Actions Needed to Help Achieve Vision for Secure, Interoperable Physical Access ControlGAO-19-138: Published: Dec 20, 2018. Publicly Released: Dec 20, 2018.
Dec 19, 2018
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Asbestos in GSA Buildings:
Improved Data Would Enhance OversightGAO-19-45R: Published: Nov 19, 2018. Publicly Released: Dec 19, 2018.
Dec 18, 2018
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Buy American Act:
Actions Needed to Improve Exception and Waiver Reporting and Selected Agency GuidanceGAO-19-17: Published: Dec 18, 2018. Publicly Released: Dec 18, 2018.
Dec 10, 2018
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2020 Census:
Additional Steps Needed to Finalize Readiness for Peak Field OperationsGAO-19-140: Published: Dec 10, 2018. Publicly Released: Dec 10, 2018.
Dec 4, 2018
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Fraud Risk Management:
OMB Should Improve Guidelines and Working-Group Efforts to Support Agencies' Implementation of the Fraud Reduction and Data Analytics ActGAO-19-34: Published: Dec 4, 2018. Publicly Released: Dec 4, 2018.
Nov 16, 2018
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Federal Personal Property:
GSA and VA Have Opportunities to Improve the Exchange Sale ProcessGAO-19-33: Published: Nov 16, 2018. Publicly Released: Nov 16, 2018.
Nov 5, 2018
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Federal Real Property Asset Management:
Agencies Could Benefit from Additional Information on Leading PracticesGAO-19-57: Published: Nov 5, 2018. Publicly Released: Nov 5, 2018.
Oct 25, 2018
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National Air and Space Museum:
Smithsonian's Efforts to Improve Reliability of Its Revitalization Project's Cost Estimate Are OngoingGAO-19-78: Published: Oct 25, 2018. Publicly Released: Oct 25, 2018.
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