Regulations, Executive Orders, Inspectors General


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Administrative Procedure and Rulemaking Resources
Regulations and the Congressional Review Act
CRA used to Repeal Gun Limits for the Severely Mentally Ill
Executive Orders
Federal Inspectors General
Link to FedWeb Page on Financial Regs and Dodd-Frank

Administrative Procedure and Rulemaking Resources

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Regulations and the Congressional Review Act

  • The Congressional Review Act (CRA)enacted in 1996, empowers Congress to disapprove new federal regulations by means of a filibuster-proof joint resolution. Congress has 60 session days to act on a disapproval resolution and the resolution requires presidential signature.
  • Under the CRA, before a rule can take effect, an agency must submit a report to each house of Congress and the Comptroller General at the Government Accountability Office (GAO).  The report must contain a copy of the rule; a statement on whether it is a major rule; and the proposed effective date of the rule.
  • If a joint resolution of disapproval is enacted, the CRA provides that a rule may not be issued in “substantially the same form” as the disapproved rule unless it is specifically authorized by a subsequent law. The CRA does not define what would constitute a rule that is “substantially the same.”  In addition, the CRA prohibits judicial review of any “determination, finding, action, or omission under this chapter.”

In 2017, the CRA was used to repeal 15 regulations and block similar regs in the future:

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Executive Orders

“Executive orders and proclamations are directives or actions by the President. When they are founded on the authority of the President derived from the Constitution or statute, they may have the force and effect of law…. In the narrower sense Executive orders and proclamations are written documents denominated as such…. Executive orders are generally directed to, and govern actions by, Government officials and agencies. They usually affect private individuals only indirectly. Proclamations in most instances affect primarily the activities of private individuals. Since the President has no power or authority over individual citizens and their rights except where he is granted such power and authority by a provision in the Constitution or by statute, the President’s proclamations are not legally binding and are at best hortatory unless based on such grants of authority.”

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Federal Inspectors General