The Regulators' New Marching Orders
Biden's Inauguration Day actions foreshadow a move away from the bipartisan emphasis on evidence-based policy and signal a less humble approach to regulating.
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Featured: The Congressional Review Act
What it does
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.
CRA Use Trending Upward for Both Major and Non-major Rules, 1996-2022
CRA Window Exploratory Dashboard
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This dashboard allows users to explore the set of final rules published in the Federal Register in 2024, and how various lookback dates could affect the set of rules available for congressional review at the beginning of the next session of Congress. View Dashboard.
Commentary:
The Continued Evolution of the Congressional Review Act. Susan Dudley & Steve Balla, April 22, 2026. Previously considered largely a tool for the incoming Congress and president to overturn a departing president's midnight regulations, Congress has recently begun using the CRA in unanticipated ways.
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