Updated December 18, 2018
The Congressional Review Act (CRA)
Overview
the Congressional Record. The Congress.gov website hosts
databases of these executive communications that can be
What is the CRA? The CRA (codified at 5 U.S.C. §§801-
electronically searched. GAO also maintains on its website
808) is a tool Congress can use to overturn certain federal
a database of rules it has received under the CRA.
agency actions. The CRA was enacted as part of the Small
Business Regulatory Enforcement Fairness Act in 1996.
What happens if an agency does not submit a rule? In
The CRA requires agencies to report the issuance of “rules”
some cases, an agency has failed to submit an action to
to Congress and provides Congress with special procedures,
Congress, generally because the agency has not considered
in the form of a joint resolution of disapproval, under which
the action to be a rule under the CRA. On occasion when
to consider legislation to overturn rules. If a CRA joint
this has occurred, Members of Congress have asked GAO
resolution of disapproval is approved by both houses of
for a formal opinion as to whether an un-submitted action
Congress and signed by the President, or if Congress
satisfies the CRA definition of a rule such that the agency
successfully overrides a presidential veto, the rule at issue
would be required to comply with the CRA submission
cannot go into effect or continue in effect.
procedures. GAO has issued several opinions of this type at
the request of Members. These opinions are available on
What is a rule under the CRA? The CRA adopts the
GAO’s website.
broadest definition of a “rule” contained in the
Administrative Procedure Act (APA), with three
Although the CRA states that a joint resolution of
exceptions.
disapproval can be introduced only after a rule is received
by Congress, Members have sometimes had success in
Definition of a “Rule” Under the CRA
getting resolutions recognized as eligible for the CRA’s
The APA definition of a rule (5 U.S.C. §551) is “the whole or a
special procedures, even if the agency never submitted the
part of an agency statement of general or particular applicability
rule to Congress. Specifically, the Senate has developed a
and future effect designed to implement, interpret, or prescribe
practice in which the publication in the Congressional
law or policy.” The CRA excludes three types of actions from
Record of a GAO opinion classifying an agency action as a
this definition (5 U.S.C. §804(3)):
rule can trigger the CRA’s special procedures for a joint
1. Rules of particular applicability;
resolution of disapproval.
2. Rules relating to agency management or personnel; and
CRA Joint Resolution of
3. Rules of agency organization, procedure, or practice that do
Disapproval Procedures
not substantially affect the rights and obligations of non-agency
parties.
What does a joint resolution of disapproval look like?
The CRA stipulates the text for a joint resolution of
The CRA applies to final rules, including major rules, non-
disapproval. Each CRA joint resolution of disapproval can
major rules, and interim final rules. Additionally, the
be used only to invalidate one final rule in its entirety.
definition is sufficiently broad that it may define as “rules”
agency actions that are not subject to traditional notice-and-
Required Text of a CRA Joint Resolution
comment rulemaking, such as guidance documents and
of Disapproval
policy memoranda.
“That Congress disapproves the rule submitted by the [agency]
relating to [name of the rule], and such rule shall have no force
How many rules have been overturned using the CRA?
or effect.”
The CRA has been used to overturn a total of 17 rules: 1 in
the 107th Congress (2001-2002) and 16 in the 115th
How is a joint resolution of disapproval filed? A CRA
Congress (2017-2018).
joint resolution of disapproval is introduced in the same
Submission of Rules to Congress
way as any other bill. However, the joint resolution must be
introduced within a specific time frame: during a 60-days-
What submission is required? The CRA requires agencies
of-continuous-session period beginning on the day the rule
to submit their rules to both houses of Congress and the
is received by Congress. As discussed above, if the rule is
Government Accountability Office (GAO) before they may
not submitted, the Senate may consider the date a GAO
take effect. The CRA does not specify when an agency
opinion finding the action to be a rule is published in the
must submit a rule. In practice, agencies generally submit
Congressional Record as the beginning of the period. Days-
rules around the time they are published.
of-continuous-session periods count every calendar day,
including weekends and holidays, and exclude only days
How do I know if a rule was submitted? Notice of each
that either chamber (or both) is gone for more than three
chamber’s receipt of a rule submitted under the CRA is
published in the “Executive Communications” section of
days pursuant to an adjournment resolution.
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The Congressional Review Act (CRA)
Are there expedited procedures for a CRA joint
periods to introduce and act on a disapproval resolution
resolution of disapproval in the House? There are no
described above reoccur in their entirety in the next session
expedited procedures for initial House consideration. The
of Congress, beginning in each chamber on the 15th day of
joint resolution would likely be considered in the House
session. This “lookback” provision is intended to ensure
under the terms of a closed special rule reported by the
that Congress will have the full periods contemplated by the
Rules Committee. A motion to recommit the joint
act to disapprove a rule regardless of when it is received.
resolution would be in order in the House, although drafting
The lookback provision may hold particular import in years
a motion that complies with the chamber’s germaneness
in which there is a change in party control of the
requirement for such motions may be difficult.
presidency.
Are there expedited procedures for a CRA joint
Effect of a CRA Resolution
resolution of disapproval in the Senate? Yes. When a
of Disapproval
CRA joint disapproval resolution meets certain criteria, it
What happens when a CRA joint resolution of
cannot be filibustered in the Senate. To be eligible for these
“fast track” procedures, the Senate must act on a
disapproval is enacted? A rule that is the subject of an
enacted CRA joint resolution of disapproval goes out of
disapproval resolution during a 60-days-of-Senate-session
effect immediately if the rule had already taken effect when
period, which begins on the date the rule has been
the resolution of disapproval is enacted and “shall be
submitted to Congress and published in the Federal
treated as though such rule had never taken effect.” If the
Register (if applicable).
rule has not yet gone into effect by the time the resolution
of disapproval is enacted, it will not take effect.
Committee Consideration. When introduced, a CRA
disapproval resolution is referred to committee like other
In addition, a rule subject to an enacted joint resolution of
legislation. A committee may choose to report a CRA
disapproval “may not be reissued in substantially the same
disapproval resolution, but it may not amend it. After the
form, and a new rule that is substantially the same ... may
expiration of a 20-calendar-day period beginning after the
not be issued, unless the reissued or new rule is specifically
rule has been submitted to Congress and published in the
authorized by a law enacted after the date of the joint
Federal Register (if applicable), a Senate committee can be
resolution.” The CRA does not define the scope of
discharged of the further consideration of a joint resolution
“substantially the same” or state who should make such a
disapproving the rule. This discharge occurs when a
determination.
discharge petition signed by at least 30 Senators is
submitted on the floor.
Is judicial review available? The CRA states that “no
determination, finding, action, or omission under this
Senate Floor Consideration. Once a CRA joint resolution
chapter shall be subject to judicial review.” A number of
of disapproval is reported or the relevant Senate committee
courts have examined this provision. The majority view,
discharged, a non-debatable motion to proceed to consider
adopted by most of these courts, including some federal
the joint disapproval resolution can then be made by any
appeals courts, interprets the provision as unambiguously
Senator. If called up, the measure would be subject to up to
prohibiting judicial review of any question arising under the
10 hours of debate before being voted upon. No
CRA. Under this view, courts may not void rules based on
amendments are permitted. All votes under the CRA are
an agency’s noncompliance with the CRA. The minority
simple majority votes.
view concludes that the provision prevents review of
Congress’s determinations, findings, actions, or omissions
Does a CRA joint resolution of disapproval have to be
made under the CRA—but does not preclude review of
filed in each chamber? No. The CRA does not require that
“companion” disapproval
agency actions. At least one district court held that it had
resolutions be introduced in both
the power to determine if an agency rule should have been
the House and the Senate. In some parliamentary
submitted to Congress under the CRA.
circumstances, however, having a companion measure
might be advantageous. Having a measure submitted in
CRS Products
both the House and the Senate would enable either chamber
CRS Report R43992, The Congressional Review Act
to act first. Additionally, if the Senate passed a CRA joint
(CRA): Frequently Asked Questions, by Maeve P. Carey
resolution of disapproval, the measure would be transmitted
and Christopher M. Davis
to the House and held at the desk there. Because the Senate
CRS Report R45248, The Congressional Review Act:
measure is not referred to House committee, there is no way
Determining Which “Rules” Must Be Submitted to
for House supporters to force consideration of the
Congress, by Valerie C. Brannon and Maeve P. Carey
resolution through a discharge petition. If there is a House
companion, on the other hand, a discharge petition could be
filed on it, which, if successful, would ultimately result in
Maeve P. Carey, Specialist in Government Organization
the Senate legislation being sent to the President.
and Management
Christopher M. Davis, Analyst on Congress and the
What happens if Congress adjourns before the CRA
Legislative Process
introduction or action periods end? If, within 60 session
(Senate) or legislative (House) days after a rule is
IF10023
submitted, Congress adjourns its session sine die, the

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The Congressional Review Act (CRA)



Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to
congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.
Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has
been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the
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reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include
copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you
wish to copy or otherwise use copyrighted material.

https://crsreports.congress.gov | IF10023 · VERSION 7 · UPDATED

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