Congressional Review Act

The Congressional Review Act (CRA) establishes procedures for Congress to overturn final rules issued by federal agencies. After an agency's rule is reported to Congress, members of Congress have 60 days to introduce a joint resolution disapproving of the rule. When signed into law, these resolutions of disapproval (RDs) overturn the rule in question and bar agencies from issuing a "substantially similar" rule. The CRA offers two unique mechanisms: the Senate "fast-track" procedures and the "lookback" period. For an in-depth discussion of these mechanics and more, see our Regulatory Insight A Lookback at the Law: How Congress Uses the CRA. 

Congressional Review Act Window Exploratory Dashboard

Visit the CRA Window Exploratory Dashboard to learn more about the final rules issued in 2024 and how the starting date of the CRA "lookback window" could change the set of rules available for congressional review in 2025 if there is a change in presidential party. For tips on using the dashboard, watch a brief demo video.

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Learn About

1. What the Data Show About the Congressional Review Act, 1996-2024
2. The Lookback Period
3. Our Scholarship

What the Data Show About the Congressional Review Act, 1996-2024

Resolutions of Disapproval Introduced by Congress

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This graph shows the number of resolutions of disapproval (RDs) introduced by each Congress since the CRA's inception in 1996. 

Following presidential transitions in 2001, 2017, and 2021, the number of RDs increases from the previous year. This could be due to members of Congress taking advantage of the lookback period at the beginning of presidential administrations. 

Number of Resolutions by Stage in Legislative Process

This chart shows the number of RDs that have reached each stage of the legislative process. While over 461 RDs were introduced in Congress from 1996-2024, just 20 of them have become law. 

Although few RDs make it to the president, RDs are utilized by members of Congress as a messaging tool, as well as a tool to affect agency regulatory actions. 

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Agencies Targeted by Resolutions of Disapproval

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RDs have targeted final rules from the Environmental Protection Agency (EPA) over 70 times. Rules from the Departments of Health and Human Services (HHS), the Interior (DOI), and Labor (DOL) have also been targeted many times by CRA actions. 

The Lookback Period

 

The CRA's lookback provision gives Congress an additional chance to review rules issued in the period starting 60 working days before the end of a session of Congress through the beginning of the subsequent session of Congress.

Rules issued during the lookback period are treated as if they were published in the Federal Register and reported to Congress on the 15th working day of the subsequent session of Congress. 

Our Scholarship