The Congressional Review Act (CRA)5 U.S.C. §§ 801–808. is a law that was enacted by the United States Congress as subtitle E of the Contract with America Advancement Act of 1996 and signed into law by President Bill Clinton on March 29, 1996.Subtitle E appeared within title II of the Contract with America Advancement Act of 1996, and title II may be cited as the Small Business Regulatory Enforcement Fairness Act of 1996. , section 201, 110 Stat. 847, 857. The law empowers Congress to review, by means of an expedited legislative process, new federal regulations issued by government agencies and, by passage of a joint resolution, to overrule a regulation.Morton Rosenberg, Congressional Review of Agency Rulemaking: An Update and Assessment of The Congressional Review Act after a Decade (Washington, D.C.: Congressional Research Service, 2008). Once a rule is thus repealed, the CRA also prohibits the reissuing of the rule in substantially the same form or the issuing of a new rule that is substantially the same "unless the reissued or new rule is specifically authorized by a law enacted after the date of the joint resolution disapproving the original rule."5 U.S.C. § 801(b)(2). Congress has a window of time lasting 60 session days to disapprove of any given rule by simple-majority vote; otherwise, the rule will go into effect at the end of that period.5 U.S.C. § 802.
Before 2017, Congress successfully invoked the CRA only once to overturn a rule (in 2001).Susan E. Dudley, "CRAzy After All These Years: Extending The Reach of the Congressional Review Act," Forbes (March 7, 2017). In January 2017, with a new Republican president, Donald Trump, the Republican-controlled 115th Congress began passing a series of disapproval resolutions to overturn a variety of rules issued under the Obama administration. Ultimately, 14 such resolutions repealing Obama administration rules were passed and signed into law; a fifteenth resolution was passed by the House but failed in the Senate. Because of the shortness of legislative sessions during the 114th Congress, the 115th Congress was able to target rules issued by the Obama administration as far back as June 2016.Christopher M. Davis and Richard S. Beth, Agency Final Rules Submitted on or After June 13, 2016, May Be Subject to Disapproval by the 115th Congress (Washington, D.C.: Congressional Research Service, 2016).
Procedure Use of the Congressional Review Act has increased because the Act provides special, fast-track parliamentary procedures that make it easier for Congress to pass a joint resolution of disapproval, particularly in the Senate, where a qualifying joint resolution cannot be filibustered.Maeve P. Carey and Christopher M. Davis, The Congressional Review Act (CRA): Frequently Asked Questions (Washington: Congressional Research Service, 2021), 1.
The Act requires that before a rule can take effect, the agency promulgating the rule must submit a report (containing the rule, a concise general statement of the rule, and the rule’s proposed effective date) to each House of Congress and the Comptroller General.5 U.S.C. § 801(a)(1)(A). Each House then sends copies of the report to the Chairs and Ranking Members of committees with jurisdiction5 U.S.C. § 801(a)(1)(C). and prints notices of the report in the Congressional Record as executive communications.See, e.g., EC969–EC988, 171 Cong. Rec. H2365–66 (daily ed. May 23, 2025); EC993–EC998, EC1007–EC1027, EC1029–EC1033, 171 Cong. Rec. S3203–05 (daily ed. June 3, 2025); EC1241, EC1243–EC1244, EC1249–EC1251, 171 Cong. Rec. S4256–57 (daily ed. July 8, 2025); EC1325–EC1336, EC1347–EC1348, EC1350–EC1378, 171 Cong. Rec. H3241–44 (daily ed. July 14, 2025); EC1286–EC1302, 171 Cong. Rec. S4335 (daily ed. July 14, 2025); EC1440–EC1464, 171 Cong. Rec. H3471–72 (daily ed. July 17, 2025).
The Act makes special procedures available for 60 days.5 U.S.C. § 802(e). In interpreting the starting date for that period,5 U.S.C. § 802(b)(2). the House of Representatives focuses on the date that it received the report, while the Senate focuses on the date that the notice is published in the Congressional Record and the report is referred to committee.Maeve Carey and Christopher Davis, The Congressional Review Act (CRA): Frequently Asked Questions, 14. The later of either of those dates or the date on which the rule is published in the Federal Register (if the agency published rule there) then becomes the starting date for a period of 60 session days thereafter during which the Act's special parliamentary procedures apply.5 U.S.C. § 802(b)(2), (e); Maeve Carey and Christopher Davis, The Congressional Review Act (CRA): Frequently Asked Questions, 14. If the agency fails to publish the rule in the Federal Register and the Government Accountability Office (GAO) determines that it is nonetheless a rule (as described below), then the starting date is the date on which a Senator publishes the GAO decision in the Congressional Record.Office of the Secretary of the Senate, Precedent PRL20120911-001, Electronic Senate Precedents (ESP) (Sept. 11, 2012) (interpreting 5 U.S.C. § 802(b)(2)).
To qualify for expedited consideration in the Senate, a joint resolution of disapproval may not be introduced before the starting date. And a joint resolution of disapproval introduced after the 60 day period ends does not qualify for the Act's special procedures.5 U.S.C. § 802(a), (e); Maeve Carey and Christopher Davis, Congressional Review Act (CRA): Frequently Asked Questions, 14. The 60 day period counts calendar days, "excluding days either House of Congress is adjourned for more than 3 days during a session of Congress."5 U.S.C. § 802(a).
The joint resolution of disapproval must use only the words, “That Congress disapproves the rule submitted by the ____ relating to ____, and such rule shall have no force or effect,” where the first blank is filled in with the agency and the second blank is filled with the title of the rule and either the Federal Register citation (if the agency published it there)See, e.g., H.J. Res. 15, 119th Cong. (2025); H.J. Res. 18, 119th Cong. (2025); Pub. L. No. 119-6 (2025); S.J. Res. 3, 119th Cong. (as passed by Senate, Mar. 4, 2025); S.J. Res. 4, 119th Cong. (as discharged, Feb. 12, 2025). or the Congressional Record citation (if GAO determined it to be a rule).See, e.g., S.J. Res. 42, 118th Cong. (as discharged, Oct. 17, 2023); H.J. Res. 92, 118th Cong. (2023); H.J. Res. 111, 119th Cong. (2025).
In the Senate, beginning 21 calendar days after the starting date, Senators can discharge the resolution with a petition signed by 30 Senators (if the committee to which a joint resolution was referred has not already reported the resolution or an identical resolution).5 U.S.C. § 802(c). The joint resolution is then placed on the calendar. Note that 21 or more days after the starting date, a Senator can submit the joint resolution and discharge it immediately, even before the committee has any opportunity to act.See 5 U.S.C. § 802(c); Maeve Carey and Christopher Davis, Congressional Review Act (CRA): Frequently Asked Questions, 15–16 n.86.
Once the joint resolution has been placed on the calendar, any Senator can make a nondebatable, unamendable motion to proceed to the joint resolution.5 U.S.C. § 802(d)(1); Office of the Secretary of the Senate, Precedent PRL20010306-001, Electronic Senate Precedents (ESP) (Mar. 6, 2001). A Senator cannot make such a motion, however, if the Senate has invoked clotureSee Senate Rule XXII(2); Office of the Secretary of the Senate, Precedent PRL20180320-001, Electronic Senate Precedents (ESP) (Nov. 28, 2018). or if another privileged motion to proceed is pendingSee Office of the Secretary of the Senate, Precedent PRL20190429-001, Electronic Senate Precedents (ESP) (Apr. 29, 2019). or if the Senate is in executive session.Floyd Riddick and Alan Frumin, Riddick’s Senate Procedure, 838. But it is in order to proceed to the consideration of a joint resolution of disapproval while a motion to proceed to a non-privileged matter is pending. Office of the Secretary of the Senate, Precedent PRL20190115-001, Electronic Senate Precedents (ESP) (Jan. 15, 2019).
Once the Senate agrees to the motion to proceed, the joint resolution remains the Senate’s unfinished business until the Senate disposed of it.5 U.S.C. § 802(d)(1). The Act limits debate on the joint resolution (and on all motions and appeals) to 10 hours, equally divided equally between those favoring and those opposing the resolution.5 U.S.C. § 802(d)(2). This ensures that a simple majority vote will decide the matter.See Maeve Carey and Christopher Davis, Congressional Review Act (CRA): Frequently Asked Questions, 16. Any Senator can make a nondebatable motion to further limit debate. The law does not allow amendments or motions to recommit. By precedent, Senators may raise points of order.171 Cong. Rec. S3048, S3050–51 (daily ed. May 21, 2025). The Senate decides appeals from decisions of the Presiding Officer without debate.5 U.S.C. § 802(d)(4). Immediately after the conclusion of the debate (and a single quorum call if requested), the Senate votes on final passage of the joint resolution.5 U.S.C. § 802(d)(3).
In the Senate, these special procedures cease after 60 session days after the starting date.5 U.S.C. § 802(e)(1). The House, however, can act on a joint resolution at any time during the 2-year Congress.
If Congress adjourns for the 2-year Congress within 60 days of session in the Senate or 60 legislative days in the House after Congress receives a rule, then the 60-day period for special procedures begins anew in the next Congress on the 15th day of session in the Senate and the 15th legislative day in the House.5 U.S.C. § 802(e)(2); Maeve Carey and Christopher Davis, Congressional Review Act (CRA): Frequently Asked Questions, 17. Some call this the “lookback” process.Maeve Carey and Christopher Davis, Congressional Review Act (CRA): Frequently Asked Questions, 17. As a joint resolution requires Presidential agreement or a veto override to become law, this lookback process is particularly important at the beginning of a Presidency of a different party from the previous President.Maeve Carey and Christopher Davis, Congressional Review Act (CRA): Frequently Asked Questions, 6.
GAO's role The law gives the Government Accountability Office (GAO), headed by the Comptroller General, a role in policing the statute.
The law requires that "Before a rule can take effect, the Federal agency promulgating such rule shall submit to each House of the Congress and to the Comptroller General a report . . . ."5 U.S.C. § 801(a)(1)(A).
The law requires that "On the date of the submission of the report . . . , the Federal agency promulgating the rule shall submit to the Comptroller General” further analysis, accounts of agency actions, and “any other relevant information or requirements under any other Act and any relevant Executive orders."
The law requires that "The Comptroller General shall provide a report on each major rule to the committees of jurisdiction in each House of the Congress by the end of 15 calendar days after the submission or publication date . . . . The report of the Comptroller General shall include an assessment of the agency’s compliance with procedural steps required . . . ."5 U.S.C. § 801(a)(2)(A).
The statute requires that “Federal agencies shall cooperate with the Comptroller General by providing information relevant to the Comptroller General’s report . . . ."5 U.S.C. § 801(a)(2)(B).