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senate Bill S. 1140

SCRAP Act: Repealing the Tool that Lets Congress Overturn Recently Finalized Regulations

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in Congress fast-track the repeal of important regulations with little oversight on party-line votes, it needs to be repealed.

John's Opinion
···
06/09/2017
And while we're at it, let's try to quit the extreme left, right swings in this country. Use our heads and common sense for the common good of the people.
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Chelle's Opinion
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06/09/2017
Working more and more off simple majorities means Congress never compromises, never comes to consensus, never works together. That is not how the founding fathers intended it to be!!
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Laura's Opinion
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06/09/2017
Despite becoming law in 1996 the Congressional Review Act had been used only once until this year. It seems the current GOP led Congress stumbled across the law in their desperate search to find ways to undermine President Obama's accomplishments. They have now used the CRA at least 14 times since January in their obsessive vindictive attempt to undo everything Obama. So, even though this provision has been on the books for 20 years only recently have we realized its full potential for abuse. I fully support Senator Booker's bill to end this abuse. The current application of the CRA is not holding the executive branch in check as has been suggested but rather a significant Congressional overreach with the deliberate intent of undermining the executive branch. That's not how our government should work, regardless of which party is in the White House or leads Congress. So no, I don't want to hang on to this law just so Democrats will have the same opportunities for overreach Republicans have so reveled in. At the very least, the law should be amended to demand a two-thirds rather than a simple majority, although the best plan is to eliminate the law. Presently this bill only encourages further partisan divisiveness and undermines thoughtful cooperation. That's no way to run the government.
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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.

TuckerWantsLiberty's Opinion
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06/09/2017
No, Congress should absolutely have the authority to review and reject any and all regulation. Regulations are tantamount to legislation, which is (or ought to be, according to the Constitution) the exclusive domain of Congress. Executive branches deserve this (and even greater) Congressional oversight. Do not rescind this Congressional authority.
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Orchid's Opinion
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06/09/2017
The executive branch is supposed to have the least amount of power. That is the reason we even have branches is to keep each other in check. Making a decision is easy, it's discussing the decision and determining the pros and cons that is the important part.
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Natalie's Opinion
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06/09/2017
We need to keep the executive branch in check.
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What is Senate Bill S. 1140?

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.

Impact

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

Cost of Senate Bill S. 1140

A CBO cost estimate is unavailable.

More Information

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:

Summary by Eric Revell

(Photo Credit: Office of the President / Public Domain)

AKA

SCRAP Act

Official Title

A bill to repeal the Congressional Review Act, and for other purposes.

bill Progress


  • Not enacted
    The President has not signed this bill
  • The house has not voted
  • The senate has not voted
      senate Committees
      Committee on Homeland Security and Governmental Affairs
    IntroducedMay 16th, 2017
    And while we're at it, let's try to quit the extreme left, right swings in this country. Use our heads and common sense for the common good of the people.
    Like (134)
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    No, Congress should absolutely have the authority to review and reject any and all regulation. Regulations are tantamount to legislation, which is (or ought to be, according to the Constitution) the exclusive domain of Congress. Executive branches deserve this (and even greater) Congressional oversight. Do not rescind this Congressional authority.
    Like (50)
    Follow
    Share
    Working more and more off simple majorities means Congress never compromises, never comes to consensus, never works together. That is not how the founding fathers intended it to be!!
    Like (77)
    Follow
    Share
    Despite becoming law in 1996 the Congressional Review Act had been used only once until this year. It seems the current GOP led Congress stumbled across the law in their desperate search to find ways to undermine President Obama's accomplishments. They have now used the CRA at least 14 times since January in their obsessive vindictive attempt to undo everything Obama. So, even though this provision has been on the books for 20 years only recently have we realized its full potential for abuse. I fully support Senator Booker's bill to end this abuse. The current application of the CRA is not holding the executive branch in check as has been suggested but rather a significant Congressional overreach with the deliberate intent of undermining the executive branch. That's not how our government should work, regardless of which party is in the White House or leads Congress. So no, I don't want to hang on to this law just so Democrats will have the same opportunities for overreach Republicans have so reveled in. At the very least, the law should be amended to demand a two-thirds rather than a simple majority, although the best plan is to eliminate the law. Presently this bill only encourages further partisan divisiveness and undermines thoughtful cooperation. That's no way to run the government.
    Like (68)
    Follow
    Share
    Anything that Trumpster wants, I oppose.
    Like (39)
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    The executive branch is supposed to have the least amount of power. That is the reason we even have branches is to keep each other in check. Making a decision is easy, it's discussing the decision and determining the pros and cons that is the important part.
    Like (39)
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    Republicans are exploiting this act to cut or reduce the current laws established in the last years such as civil rights and environment.
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    We need to keep the executive branch in check.
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    Republicans need to be held in check
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    The Democrats want the CRA to be erased from history. This bill allowed our Congressional Republicans to fast track the repeal under Trump to benefit of Taxpayers and everyday Americans. Let's tell Mr Booker "Thou shall not pass" by taking away his pencil box.
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    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.-Countable. We need to do everything we can to keep the executive branch in check. The Congressional Review Act must stay. VOTE NAY!!!
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    Once congress repeals a regulation, that department or agency should not have the authority for a "do over". Once your boss tells you "no", they mean it. Since congress represents the people and they control the budgets, they should assume any repealed regulation should not be addressed ever again unless given authority to do so specifically by congress.
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    If the legislative branch disagrees with a regulation that an agency has put in place, then the powers of that body should be reframed through a bill. The regulations are put in place by the executive branch and are enforceable insofar as they are legal which is why people can and do sue agencies such as the EPA. Allowing the legislative branch to repeal regulations gives some executive authority to the legislature. If the regulation is out of bounds, then the reach of the agency needs to be reconsidered and reframed by the legislature.
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    The executive branch is not a monarchy
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    Why are republicans bent on destroying America? Is Putin paying you?
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    Please repeal this unnecessary law. We lost extremely important environmental and education rules because of this law. It's a dinosaur. Rules and regulations are usually evidence based.
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    Swing to the left, swing to the right, stand up, sit down, fight, fight, fight!! Congress needs to achieve a consensus before passing legislation so there is a complete buy in for a given piece of legislation and no need for the next administration to repeal any law no mater when it was passed. This partisan crap is killing us.
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    Normally I would vote yes on this. But I'm worried that after trump is voted out the Dems will need this to get rid of the most horrible executive orders he is sure to make. Bring this bill up in four years.
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    This act is being used with shockingly bad results by Trump and his cronies to overturn any legislation that doesn't serve what I like to call THE RICH OLD WHITE MAN AGENDA. Get rid of it.
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    The CRA was passed in 1996, and prior to the current Congress, had successfully passed a resolution only once. Every other invocation of these powers failed, either in Congress or at the President's veto. That this power has been almost exclusively limited, in practice, to a government that controls both Chambers and the Presidency, suggests that it is wholly unnecessary.
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