FAQs on the Congressional Review Act

CRA allows Congress to review "major" rules issued by federal agencies before the rules take effect. Congress may review and disapprove federal agency rules for a period of 60 days using special procedures. 5 U.S.C. § 802(a). If the resolution of disapproval is enacted, the rule will have no force or effect. Id. Where such a resolution is enacted, the same rule or a different rule that is substantially similar to the disapproved rule may not be enacted, unless specifically authorized by legislation enacted after the resolution of disapproval. 5 U.S.C. § 801(b)(2).

What does CRA require agencies to do?

CRA requires an agency promulgating a rule to submit the rule to Congress and GAO before it can take effect. The agency's submission shall include (1) a copy of the rule; (2) a concise general statement relating to the rule, including whether it is a major rule; and (3) the proposed effective date of the rule. 5 U.S.C. § 801(a)(1)(A). Agency submissions to GAO shall also include a complete copy of the cost-benefit analysis, an agency’s actions pursuant to the Regulatory Flexibility Act, an agency’s actions pursuant to the Unfunded Mandates Reform Act of 1995, and any other relevant information or requirements under other acts, such as the Paperwork Reduction Act and the Administrative Procedure Act, and Executive Orders, such as Executive Orders 12866 and 13132.

What is a rule for purposes of CRA?

CRA adopts the definition of rule under the Administrative Procedure Act (APA), 5 U.S.C. § 551(4), which states that a rule is “the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency.” 5 U.S.C. § 804(3). However, CRA excludes three categories of rules from coverage: (1) rules of particular applicability; (2) rules relating to agency management or personnel; and (3) rules of agency organization, procedure, or practice that do not substantially affect the rights or obligations of non-agency parties. Id.

What is a "major" rule?

CRA defines a major rule as one that the Administrator of the Office of Information and Regulatory Affairs at the Office of Management and Budget determines has resulted in or is likely to result in (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, federal, state, or local government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, or innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets. 5 U.S.C. § 804(2).

What is GAO's role regarding major rules?

CRA requires GAO to report to Congress on whether an agency, in promulgating a major rule, has complied with the regulatory process. GAO does not analyze or comment on the substance or quality of rulemaking. GAO's report must be made to each house of Congress no later than 15 calendar days after a rule's submission to Congress or its publication in the Federal Register, whichever is later. 5 U.S.C. § 801(a)(2)(A). CRA requires agencies to provide GAO with information relevant to the report. 5 U.S.C. § 801(a)(2)(B).

What is GAO's role regarding "non-major" rules?

Although agencies must submit non-major rules to both Congress and GAO, GAO is not required to submit a report to Congress on an agency's compliance with procedural requirements governing the rulemaking process. Use our “Search Database of Rules" function for information on all federal rules, major and non-major, that agencies have submitted to GAO.

What congressional resolutions of disapproval have occurred under CRA?

Under CRA, Congress can pass a joint resolution of disapproval relating to a rule. 5 U.S.C. §§ 801(a)(3)(B), 802. The following is a list of resolutions of disapproval that have been enacted since 1996 (when CRA itself was enacted):

On June 30, 2021, an Equal Employment Opportunity Commission rule relating to ‘‘Update of Commission’s Conciliation Procedures’’ (86 Fed. Reg. 2974 (January 14, 2021)) was overturned (see Pub. L. 117-22 (June 30, 2021)).
On June 30, 2021, an Office of the Comptroller of Currency rule relating to “‘‘National Banks and Federal Savings Associations as Lenders’’ (85 Fed. Reg. 68742 (October 30, 2020)) was overturned (see Pub. L. No. 117-124 (June 30, 2021)).
On June 30, 2021, an Environmental Protection Agency rule relating to “Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review” (85 Fed. Reg. 57018 (September 14, 2020)) was overturned (see Pub. L. No. 117-23 (June 30, 2021)).
On May 21, 2018, a Bureau of Consumer Financial Protection Rule relating to "Indirect Auto Lending and Compliance with the Equal Credit Opportunity Act" (CFPB Bulletin 2013-02, March 21, 2013) was overturned (see Pub. L. No. 115-172 (May 21, 2018)).
On November 1, 2017, a Bureau of Consumer Financial Protection Rule relating to ''Arbitration Agreements'' (82 Fed. Reg. 33,210 (July 19, 2017)) was overturned (see Pub. L. No. 115-74 (Nov. 1, 2017)).
On May 17, 2017, a Department of Labor Rule on Savings Arrangements Established by States for Non-Governmental Employees (81 Fed. Reg. 59464 (August 30, 2016)) was overturned (see Pub. L. No. 115-35 (May 17, 2017)).
On April 13, 2017, a Department of Labor Rule on Savings Arrangements Established by Qualified State Political Subdivisions for Non-Governmental Employees (81 Fed. Reg. 92,639 (December 20, 2016)) was overturned (see Pub. L. No. 115-24 (April 13, 2017)).
On April 13, 2017, a Health and Human Services Rule on Compliance With Title X Requirements by Project Recipients in Selecting Subrecipients (81 Fed. Reg. 91,852 (December 19, 2016)) was overturned (see Pub. L. No. 115-23 (April 13, 2017)).
On April 3, 2017, a Federal Communications Commission rule on Protecting the Privacy of Customers of Broadband and Other Telecommunications Services (81 Fed. Reg. 87,274 (December 2, 2016)) was overturned (see Pub. L. No. 115-22 (April 3, 2017)).
On April 3, 2017, a Department of Labor rule on Clarification of Employer’s Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness (81 Fed. Reg. 91,792 (December 19, 2016)) was overturned (see Pub. L. No. 115-21 (April 3, 2017)).
On April 3, 2017, a Department of Interior rule on Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska (81 Fed. Reg. 52,247 (August 5, 2016)) was overturned (see Pub. L. No. 115-20 (April 3, 2017)).
On March 31, 2017, a Department of Labor rule on drug testing of unemployment compensation applicants (81 Fed. Reg. 50,298 (Aug. 1, 2016)) was overturned (see Pub. L. No. 115-17 (March 31, 2017)).
On March 27, 2017, a Department of Education rule on Teacher Preparation Issues (81 Fed. Reg. 75,494 (Oct. 31, 2016)) was overturned (see Pub. L. No. 115-14 (March 27, 2017)).
On March 27, 2017, a Department of Education rule on Accountability and State Plans under the Elementary and Secondary Education Act of 1965, as Amended by the Every Student Succeeds Act— (81 Fed. Reg. 86,076 (Nov. 29, 2016)) was overturned (see Pub. L. No. 115-13 (March 27, 2017)).
On March 27, 2017, a Department of Interior rule on Resource Management Planning (81 Fed. Reg. 89,580 (Dec. 12, 2016)) was overturned (see Pub. L. No. 115-12 (March 27, 2017)).
On March 27, 2017, a Department of Defense, General Services Administration, and National Aeronautics and Space Administration rule amending the Federal Acquisition Regulation (FAR); Fair Pay and Safe Workplaces (81 Fed. Reg. 58,562 (Aug. 25, 2016)) was overturned (see Pub. L. No. 115-11 (March 27, 2017)).
On February 28, 2017, a Social Security Administration rule on Implementation of the National Instant Criminal Background Check System (NICS) Improvement Amendments Act of 2007. (81 Fed. Reg. 91,702 (Dec. 19, 2016)) was overturned (see Pub. L. No. 115-8 (Feb. 28, 2017)).
On February 16, 2017, a Department of Interior rule on stream protection (81 Fed. Reg. 93,066 (Dec. 20, 2016)) was overturned (see Pub. L. No. 115-5 (Feb. 16, 2017)).
On February 14, 2017, a Securities and Exchange Commission rule on the disclosure of payments by resource extraction issuers (81 Fed. Reg. 49,359 (Mar. 27, 2016)) was overturned (see Pub. L. No. 115-4 (Feb. 14, 2017)).
On March 20, 2001, a Department of Labor rule on the ergonomics program (65 Fed. Reg. 68,262 (Nov. 14, 2000)) was overturned (see Pub. L. No. 107-5 (Mar. 20, 2001)).

What is the role of the Office of Management and Budget (OMB) under CRA?

OMB reviews rules to ensure that regulations are consistent with applicable law, the President's priorities, and the principles set forth in Executive Order No. 12866, and that decisions made by one agency do not conflict with the policies or actions taken or planned by another agency. OMB's Administrator of the Office of Information and Regulatory Affairs determines whether a rule is classified as major. 5 U.S.C. § 804(2).