Congressional Review Act

The Congressional Review Act (CRA)[1] is a law that was enacted by the United States Congress as Subtitle E of the Contract with America Advancement Act of 1996 (Pub. L. 104–121 (text) (PDF)) and signed into law by President Bill Clinton on March 29, 1996.[2][3] 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issued by government agencies and, by passage of a joint resolution, to overrule a regulation.[4] Once a rule is thus repealed, the CRA also prohibits the reissuing of the rule in substantially the same form or the issuing of a new rule that is substantially the same "unless the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. Code § 801(b)(2)). Congress has a window of time lasting 60 legislative 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][6]

Administrative law of the United States
General
Rulemaking Notice of proposed rulemaking Adjudication Administrative law judge Code of Federal Regulations Federal Register
Statutory framework
Administrative Procedure Act Freedom of Information Act NEPA GSA NEA IGA RFA PRA UMRA CRA FVRA
Policy coordination
Office of Information and Regulatory Affairs Administrative Conference Executive orders Cost–benefit analysis (Executive Order 12866)
Judicial review of agency action
Arbitrary and capricious State Farm Chevron deference Auer deference Committed to agency discretion Due process Bi-Metallic Goldberg Mathews Exhaustion Major questions doctrine National injunction Ripeness Abbott Labs Standing Lujan U.S. Court of Appeals for the D.C. Circuit
Separation of powers
Appointments Clause Freytag Noel Canning Congressional oversight Authorization Appropriation Hearings Confirmation Independent agencies Humphrey's Seila Unitary executive theory Legislative veto Chadha Nondelegation doctrine
Related areas of law (and agencies)
Antitrust and competition FTC CPSC CFPB Banking Treasury OCC FDIC FRB Communication FCC Energy DOE FERC Environment EPA FWS Food FDA CDC Health care HHS Immigration DHS EOIR Labor DOL NLRB Patent/trademark PTO Securities SEC CFTC Taxation IRS TC Trade DOC ITC Transportation DOT STB NTSB Social Security SSA
Related topics
Constitutional law Statutory interpretation
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Prior to 2017, the CRA had been successfully invoked only once to overturn a rule (in 2001).[7] 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, fourteen 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 May 2016.[8] In late 2017 and early 2018 Congress passed two resolutions repealing Consumer Financial Protection Bureau rules made by former President Obama's CFPB Director, Richard Cordray, who did not leave his post until late 2017.