In the midst of a whirlwind of political and policy news, three letters are beginning to enter the conversation that could have dire implications for people with lived experience in the criminal legal system. Right now, a law called the Congressional Review Act (CRA) is threatening to undo some of the progress we’ve made in areas like consumer rights, debt reduction, and employment protections.
The CRA is a law dating back to 1996 that lets Congress block regulations from the President and federal agencies. When a new rule is passed by an agency, Congress has 60 legislative days (about 3 months) to vote on whether they want to undo it. If both the House of Representatives and the Senate agree to disapprove of the rule and the President signs it, that rule is gone—just like that. There is also a provision of the CRA that allows Congress time after the end of an administration to review policies with newly elected lawmakers. This is a tool Congress uses to reverse rules that they don’t like, especially if the majority party in Congress wants to undo what the other party put in place. In simple terms, it’s a way for Congress to wipe out rules they don’t agree with. Right now, there are several Biden-era final rules that were meant to help make life a little easier for people trying to rebuild their lives and establish economic mobility. But if Congress uses the CRA, those protections could be taken away.
The rules that could get overturned under the CRA include policies that impact ability to get jobs, access Medicare, fix our credit, and avoid unfair fees that hold us back financially. A couple of key examples include changes to how medical debt is reported, accessing Medicare after incarceration, how much big banks can charge for overdraft fees, and new protections for jobs with high heat conditions.
The CRA could undo a lot of progress that we’ve fought hard for, and if Congress uses it, it could make life even harder for people with conviction histories. It’s important to stay informed about what’s happening with these regulations. If you want to track what Congress is doing with the CRA, you can follow the updates on CRA Trackers from both Public Citizen and the George Washington University. It’s a good way to keep an eye on the rules that might be at risk.
The JustUS Coordinating Council advocates for policies that create access and opportunity and contribute toward economic mobility for those with conviction histories. Our collective voice is more necessary now than ever before.