SCRAP Act: Repealing the Tool that Lets Congress Overturn Recently Finalized Regulations (S. 1140)

What is S. 1140?

(Updated March 22, 2019)

This bill -- known as the SCRAP Act -- would repeal the Congressional Review Act (CRA), which gives Congress the ability to repeal a regulation that took effect within the last 60 legislative days with simple majorities in both chambers. Under this legislation, rules overturned using the CRA could be reinstated by simply re-posting the regulation in the federal register within one year of this bill’s enactment, or starting over with a new notice-and-comment thereafter.

Argument in favor

The Congressional Review Act has let Republicans in Congress fast-track the repeal of important regulations with little oversight on party-line votes, it needs to be repealed.

Argument opposed

The Congressional Review Act makes it easier for Congress to keep the executive branch in check by repealing regulations it doesn’t agree with, it should remain in place.

Impact

Federal agencies implementing regulations, or reinstating rules repealed using the CRA; and Congress.

Cost of S. 1140

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Sen. Cory Booker (D-NJ) introduced this bill overturn the CRA, which he and some of his Democratic colleagues say Republicans have exploited to overturn important environmental and consumer protections. Booker said:

“Abuse of the CRA has allowed Congressional Republicans to fast track the repeal of a host of protections that benefit everyday Americans with little notice or public debate. President Trump and Republicans are misusing this legislative mechanism to reward special interests and big corporations at the expense of consumers, working families, and the environment.”

The CRA has been used by President Donald Trump and congressional Republicans 14 times to repeal Obama era regulations this year, with only one CRA resolution being defeated in the Senate. Prior to the Trump administration, the CRA had only been successfully used on one occasion in the early months of the administration of former President George W. Bush.

Media:

• Cosponsoring Sen. Tom Udall (D-NM) Press Release
  
• Education Week
  
• The Daily Caller
  
• The Hill