Major rule
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Major rule, when used in the context of regulatory review, refers to a rule issued by an agency that has had or may have a large impact on some aspect of the economy, such as prices, costs, competition, employment, or investment. It is a legal term defined by the Congressional Review Act (CRA). Under the CRA, there is a period of 60 legislative days, starting from the publication or submission of a final agency rule, during which Congress and the president can pass a joint resolution disapproving the rule. Regulations defined as major rules under the CRA are subject to a procedural review by the U.S. Government Accountability Office and may have their proposed effective dates delayed.[1][2][3]
The proposed federal Regulations from the Executive in Need of Scrutiny (REINS) Act uses the same definition of a major rule as the CRA.[4]
Background
Passed in 1996, the Congressional Review Act (CRA) provides a process by which Congress and the president can repeal final rules issued by agencies. Within 60 legislative days of congressional notification of a final rule and the rule's publication in the Federal Register, Congress may pass a joint resolution disapproving the rule. CRA resolutions require a simple majority vote to pass each house. If the resolution is signed by the president (or passed over a presidential veto by a two-thirds majority in Congress), the rule is repealed, and the issuing agency is barred from reissuing the rule or creating new rules that are what the CRA calls "substantially the same" as the repealed rule without specific congressional authorization.[1][2][3]
According to the Congressional Research Service, regulations meeting the CRA's definition of a major rule face two additional requirements under the act: a review by the Government Accountability Office of the issuing agency's compliance with rulemaking procedures, and a possible delay of the rule's effective date in order to provide Congress with "additional time to consider whether to overturn a major rule before it goes into effect."[3]
Definition
According to the U.S. Government Accountability Office, the Congressional Review Act defines a major rule as:
| “ | one that has resulted in or is likely to result in (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, federal, state, or local government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, or innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets.[5][6] | ” |
| —5 U.S.C. § 804(2) | ||
Rules promulgated under the Telecommunications Act of 1996 are exempt from this definition.[3]
See also
- Congressional Review Act
- REINS Act
- U.S. Government Accountability Office
- Significant regulatory action
External links
Footnotes
- ↑ 1.0 1.1 U.S. News, "Democrats Push to Repeal Congressional Review Act," June 1, 2017
- ↑ 2.0 2.1 The Hill, "The Congressional Review Act and a deregulatory agenda for Trump's second year," March 31, 2017
- ↑ 3.0 3.1 3.2 3.3 Congressional Research Service, "The Congressional Review Act: Frequently Asked Questions," November 17, 2016
- ↑ Congressional Research Service, "H.R. 26 - Regulations from the Executive in Need of Scrutiny Act of 2017," accessed July 18, 2017
- ↑ U.S. Government Accountability Office, "Congressional Review Act FAQs," accessed July 15, 2017
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
