The Congressional Review Act: Frequently Asked Questions (CRS Report for Congress)
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| Release Date |
Revised Nov. 12, 2021 |
| Report Number |
R43992 |
| Report Type |
Report |
| Authors |
Maeve P. Carey, Analyst in Government Organization and Management; Alissa M. Dolan, Legislative Attorney; Christopher M. Davis, Analyst on Congress and the Legislative Process |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
The Congressional Review Act (CRA) is an oversight tool that Congress may use to overturn a
rule issued by a federal agency. The CRA was included as part of the Small Business Regulatory
Enforcement Fairness Act (SBREFA), which was signed into law on March 29, 1996. The CRA
requires agencies to report on their rulemaking activities to Congress and provides Congress with
a special set of procedures under which to consider legislation to overturn those rules.
Under the CRA, before a rule can take effect, an agency must submit a report to each house of
Congress and the Comptroller General containing a copy of the rule; a concise general statement
relating to the rule, including whether it is a major rule; and the proposed effective date of the
rule. Upon receipt of the report in Congress, Members of Congress have specified time periods in
which to submit and take action on a joint resolution of disapproval. If both houses pass the
resolution, it is sent to the President for signature or veto. If the President were to veto the
resolution, Congress could vote to override the veto.
If a joint resolution of disapproval is submitted within the CRA-specified deadline, passed by
Congress, and signed by the President, the CRA states that the “rule shall not take effect (or
continue).” That is, the rule would be deemed not to have had any effect at any time. Even
provisions that had become effective would be retroactively negated.
Furthermore, if a joint resolution of disapproval were 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” as a nullified rule. Additionally, the CRA prohibits judicial review of any
“determination, finding, action, or omission under this chapter.”
This report discusses the most frequently asked questions received by the Congressional Research
Service about the CRA. It addresses questions relating to the applicability of the act; the
submission requirements with which agencies must comply; the procedural requirements that
must be met in order to file and act upon a CRA joint resolution of disapproval; and the legal
effect of a successful CRA joint resolution of disapproval. This report also discusses potential
advantages and disadvantages of using the CRA to disapprove rules, as well as other options
available to Congress to conduct oversight of agency rulemaking.
For further questions not addressed here, please contact one of the authors: Maeve P. Carey
(questions regarding history of and agency compliance with the CRA); Christopher M. Davis
(questions regarding congressional procedures and day counts under the CRA); or Alissa M.
Dolan (questions regarding legal issues under the CRA).
