The Congressional Review Act (CRA) gives Congress a fast-track process to nullify agency rules within 60 legislative days of their publication. If both chambers vote to disapprove a rule, the rule is repealed. Congress can act without presidential approval—if the president vetoes the disapproval, Congress needs 60 Senate votes to override.
The act serves as a check on agency power. Congress can undo controversial rules. The catch: if Congress disapproves a rule, the agency cannot reissue a "substantially similar" regulation without new legislation. This prevents agencies from immediately reissuing the same rule.
Presidents use the CRA heavily in their first months, undoing the previous administration's late-term regulations. Trump repealed 16 Obama-era rules using CRA in 2017. Biden repealed Trump-era rules the same way. The CRA is a powerful tool because it requires only simple majorities—no filibuster in the Senate, unlike normal legislation. But Congress rarely uses it except at the start of new administrations when one party controls both chambers.
The Congressional Review Act lets Congress respond quickly to regulations it opposes. Without it, Congress would need new legislation to overturn rules, which is slow and difficult.
People often think the CRA means Congress approves all rules. In practice, Congress only uses CRA when it strongly opposes a rule and can muster enough votes.
The Congressional Review Act lets Congress respond quickly to regulations it opposes. Without it, Congress would need new legislation to overturn rules, which is slow and difficult.
People often think the CRA means Congress approves all rules. In practice, Congress only uses CRA when it strongly opposes a rule and can muster enough votes.