let me start with just a quick overview of the Congressional Review Act which brings us here to the floor today. Under the American legal system, administrative Agencies can make rules, and there is a very robust process for doing so. The Agency often gives a notice of proposed rulemaking so the world will know what they are considering doing and then solicit comment from affected stakeholders, the public, a wide variety of people. So you start with an Agency that seeks to make a rule. They have to follow the processes of the Administrative Procedures Act, which is a very careful statute, well-policed by the courts, with a very robust precedent around that. And at the end of the day, the Agency creates a rule, and they adopt the rule. Now, you could always appeal that rule to a court, but what Congress decided many years ago was that in that situation where an Agency had gone through the APA process and had promulgated a rule, that there would also be a congressional review of that rule, not just a court. And the filing of the rule here in Congress triggers a period of review in which Senators or Members of the House can call up the Congressional Review Act and seek to disapprove the rule. So this whole thing was originally designed and--for all the decades since the Congressional Review Act was first passed--has always been to address Agency rulemaking under the Administrative Procedures Act.
Editor's note · Context
Discussing the Congressional Review Act and its role in agency rulemaking.
Share
More from Sheldon Whitehouse
Pell Grants, one of Senator Claiborne Pell’s enduring legacies, have helped generations of Rhode Islanders get a high-quality education while taking on less debt.
It would be malpractice to shy away from a fight with Central Casting villains... with such high stakes for the economic well-being of American families.
Seems like a lot of nothing. I mean, the only one who had anything to say that seemed ‘unsettling’ was a woman who works for right-wing political operations.
The Department failed to respond to Congress, and instead, on May 18, 2026, announced that it had settled an unrelated IRS lawsuit with President Trump to create a $1.8 billion slush fund to compensate alleged victims of DOJ…





