December 11, 2014
The Congressional Review Act (CRA)
published in the “Executive Communications” section of
Overview
the Congressional Record. GAO also maintains a database,
the “Federal Rules Database,” tracking submission of rules.
What is the CRA? The CRA (codified at 5 U.S.C. §§ 801-
808) is an oversight tool Congress can use to overturn
What happens if an agency does not submit a rule? An
certain agency actions. The CRA requires agencies to report
agency may decline to submit an action to Congress and
the issuance of “rules” to Congress and provides Congress
GAO if it does not consider the action to be a rule under the
with special procedures under which to consider legislation
CRA. However, the agency may not have the last word on
to overturn rules, in the form of a joint resolution of
the applicability of the CRA. In the past, when Members of
disapproval. The CRA was enacted as part of the Small
Congress have thought an agency action is a rule under the
Business Regulatory Enforcement Fairness Act (SBREFA)
CRA, they have asked GAO for a formal opinion as to
in 1996. If a CRA joint resolution of disapproval is
whether the action satisfies the CRA definition of a rule
approved by both houses and signed by the President, or if
such that the agency would be required to comply with the
Congress overrides a presidential veto, the rule at issue
CRA submission procedures. GAO has issued 11 opinions
cannot go into effect or continue in effect.
of this type at the request of Members of Congress.
What is a rule under the CRA? The CRA adopts the
Although the CRA states that a joint resolution of
broadest definition of a “rule” contained in the
disapproval can only be introduced after a rule is submitted
Administrative Procedure Act (APA), with three
and received by Congress, Members have had varying
exceptions.
degrees of success in getting resolutions recognized as
privileged under the CRA even if the agency never
Definition of a “Rule” under the CRA
submitted the rule to Congress. It appears in the past that
The APA definition of a rule is “the whole or a part of an
the Senate has considered the publication in the
agency statement of general or particular applicability and
Congressional Record of the official GAO opinions
future effect designed to implement, interpret, or prescribe
discussed above as the trigger date for the initiation period
law or policy ... ” The CRA excludes three kinds of actions
to introduce a disapproval resolution and deemed such
from this definition of a rule:
resolutions to qualify for the expedited Senate procedures.
• rules of particular applicability;
CRA Joint Resolution of Disapproval
• any rule relating to agency management and
Procedures
personnel; and

What does a joint resolution of disapproval look like?
any rule of agency organization, procedure, or
The CRA stipulates the text for a joint resolution of
practice that does not substantial y affect the
disapproval.
rights and obligations of non-agency parties.
5 U.S.C. § 804(3); see 5 U.S.C. § 551
Required Text of a CRA Joint Resolution of
Disapproval
The CRA applies to major rules, non-major rules, final
“That Congress disapproves the rule submitted by the
rules, and interim final rules. Additionally, the definition is
[agency] relating to [name of the rule], and such rule
sufficiently broad that it may define as “rules” agency
shal have no force or effect.”
actions that are not subject to traditional notice and
comment rulemaking, such as guidance documents and
policy memoranda.
A CRA joint resolution of disapproval can only be used to
Submission of Rules to Congress
invalidate one final rule in its entirety.
How is a joint resolution of disapproval filed? A CRA
What submission is required? Under the CRA, rules must
joint resolution of disapproval is introduced in largely the
be submitted to both houses of Congress and the
same way as any other bill. However, the joint resolution
Government Accountability Office (GAO). The CRA does
must be introduced within a specific time frame: during a
not specify when an agency must submit a rule. However,
60-days-of-continuous-session period beginning on the day
since a rule cannot become effective until after it is
the rule is received by Congress. As discussed above, if the
submitted, agencies generally submit rules around the time
rule is not submitted, the Senate may consider the date a
the rule is published.
GAO opinion finding the action to be a rule is published in
the Congressional Record as the beginning of the period.
How do I know if a rule was submitted? Notice of each
Days-of-continuous-session periods count every calendar
chambers’ receipt of a rule submitted under the CRA is
day, including weekends and holidays, and only exclude
www.crs.gov | 7-5700

The Congressional Review Act (CRA)
days either chamber (or both) is gone for more than three
session after Congress reconvenes. This “carryover”
days, that is, pursuant to an adjournment resolution.
provision is intended to ensure that Congress will have the
full periods contemplated by the act to disapprove a rule
Are there expedited procedures for a CRA joint
regardless of when it is received.
resolution of disapproval in the House? There are no
expedited procedures for initial House consideration. The
Effect of a CRA Resolution of
joint resolution would likely be considered under the terms
Disapproval
of a special rule reported by the Rules Committee.
What happens when a CRA joint resolution of
disapproval is enacted?
A rule that is the subject of an
Are there expedited procedures for a CRA joint
enacted CRA joint resolution of disapproval “shall be
resolution of disapproval in the Senate? Yes. When a
treated as though such rule had never taken effect.”
CRA joint disapproval resolution meets certain criteria, it
cannot be filibustered in the Senate. To be eligible for these
Can the agency promulgate the same rule again? In most
“fast track” procedures, the Senate must act on a
circumstances, the agency may not promulgate the same
disapproval resolution during a 60-days of Senate session
rule again. A rule subject to an enacted CRA joint
period which begins on the date the rule has been submitted
resolution of disapproval “may not be reissued in
to Congress and published in the Federal Register (if
substantially the same form, and a new rule that is
applicable).
substantially the same... may not be issued, unless the
reissued or new rule is specifically authorized by a law
Committee Consideration. When introduced, a CRA
enacted after the date of the joint resolution.” However, the
disapproval resolution is referred to committee like other
CRA does not define the scope of “substantially the same,”
legislation. A committee may choose to report a CRA
what criteria should be considered, or who should make
disapproval resolution, but it may not amend it. Any time
such a determination.
after the expiration of a 20-calendar day period beginning
after the rule has been submitted to Congress and published
Is judicial review available? The CRA states that “[n]o
in the Federal Register (if applicable), a Senate committee
determination, finding, action, or omission under this
can be discharged of the further consideration of a
chapter shall be subject to judicial review.” Two federal
resolution disapproving the rule. This discharge occurs
appeals courts and several federal district courts have
when a discharge petition is filed on the Senate floor by at
examined this section. The majority view, adopted by most
least 30 Senators.
of these courts, interprets the provision as unambiguously
prohibiting judicial review of any question arising under the
Senate Floor Consideration. Once a CRA joint resolution
CRA. Under this view, courts do not have the power to void
of disapproval is reported or discharged from Senate
rules based on an agency’s noncompliance with the CRA.
committee, a non-debatable motion to proceed to consider
The minority view, adopted by one district court, interprets
the joint disapproval resolution can then be made by any
the provision more narrowly, concluding that it prevents
Senator. If called up, the measure would be subject to up to
review of Congress’s determinations, findings, actions, or
ten hours of debate, before being voted upon. No
omissions made under the CRA. Under this minority view,
amendments are permitted.
a reviewing court has power to determine if an agency rule
should have been submitted to Congress under the CRA.
Does a CRA joint resolution of disapproval have to be
filed in each chamber?
No. The CRA does not require that
Previous Uses of the CRA
“companion” joint resolutions of disapproval be introduced
in both the House and Senate. However, if the House acts
How many rules have been overturned using the CRA?
first on a House sponsored CRA joint resolution of
The CRA have been used to overturn a rule one time. In
disapproval, the Senate can only consider the House
November 2000, the Clinton Administration’s Occupational
measure under the “fast track” procedures described above
Safety and Health Administration (OSHA) issued a rule on
if it first takes up its own resolution of disapproval. If there
ergonomics standards. The full 60-day congressional
is no Senate companion bill, reaching the House received
consideration period did not elapse before the second
measure would effectively require unanimous consent.
session of the 106th Congress adjourned, and therefore the
Therefore, House sponsors that want the chance to have
initiation and action periods reset in the new Congress. On
their resolution be considered by the Senate under the
March 20, 2001, President George W. Bush signed into law
expedited CRA procedures should ensure that a companion
P.L. 107-5 to overturn the rule.
Senate disapproval resolution is introduced during the 60-
day introduction period.
Alissa M. Dolan, adolan@crs.loc.gov, 7-8433 (legal issues)
Maeve P. Carey, mcarey@crs.loc.gov, 7-7775 (history and
What happens if Congress adjourns before the CRA
agency compliance)
introduction or action periods end? If, within 60 session
Christopher M. Davis, cmdavis@crs.loc.gov, 7-0656
(Senate) or legislative (House) days of session after a rule is
(congressional procedures and day counts)
submitted, Congress adjourns its session sine die, the

periods to introduce and act on a disapproval resolution
described above “reset” in their entirety in the next session
IF10023
of Congress, beginning in each chamber on the 15th day of
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