Published
November 15, 2024
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The Congressional Review Act (CRA) is a U.S. federal law enacted in 1996 as part of the Small Business Regulatory Enforcement Fairness Act. It provides Congress with a mechanism to review and potentially overturn recently issued federal regulations by government agencies. Under the CRA, once a regulation is finalized, it must be submitted to both houses of Congress and the Government Accountability Office (GAO). Congress then has a limited period, 60 legislative days, to pass a joint resolution of disapproval. If both the House and Senate approve the resolution and the President signs it, the regulation is nullified. This act is a tool for Congress to oversee the executive branch's regulatory actions, ensuring that new regulations align with legislative intent.
New administrations often use the CRA as a strategic tool to quickly reverse regulations implemented by the previous administration, especially when there is a change in party control. This is particularly effective during the early months of a new administration, as the CRA allows Congress to target midnight regulations finalized in the last days of the previous administration. By leveraging the CRA, a new administration, with the support of Congress, can swiftly dismantle regulations inconsistent with its policy priorities without the lengthy process typically required to repeal or amend existing regulations.
We’ve compiled a list of potential rules that could be reviewed under the CRA below. For more information, contact Chad Whiteman at cwhiteman@uschamber.com
Methodology
CRA “Major” Rules – This worksheet contains final rulemakings that were designated as “major” by one of two agencies, either the Office of Management and Budget or by the Government Accountability Office. A designation of “major” means these rulemakings are high impact and result in (1) an annual effect on the economy of at least $100,000,000, a major increase in costs or prices for consumers, or significant adverse effects on competition/ employment/ investment/productivity. Some of these final rulemakings have been published in the Federal Register after August 1, 2024, while others may still be undergoing or recently completed review by the Office of Management and Budget. This list was last updated on November 26, 2024.
All CRA Rules – This worksheet contains all of the final rulemakings (including major rules, nonmajor rules, direct final rule, and interim final rules) that have been published in the Federal Register from August 1, 2024, through November 26, 2024.Additionally, guidance documents and policy memoranda may also be included in this rulemaking list as the definition for what considered a “rule” under the Congressional Review Act is broad.
About the authors
Chad Whiteman
Chad S. Whiteman is vice president for environment and regulatory affairs at the U.S. Chamber of Commerce’s Global Energy Institute.
