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).

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.

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.

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).

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). 

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.

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 May 23, 2025, an Environmental Protection Agency rule relating to “National Emission Standards for Hazardous Pollutants: Rubber Tire Manufacturing” (89 Fed. Reg. 94886 (Nov. 29, 2024) was overturned (see Pub. L. 119-14 (May 23, 2025)).
• On May 23, 2025, a Department of Interior rule relating to “Glen Canyon National Recreation Area: Motor Vehicles” (90 Fed. Reg. 2621 (Nov. 29, 2024) was overturned (see Pub. L. 119-13 (May 23, 2025)).
• On May 9, 2025, a Bureau of Consumer Financial Protection rule relating to “Overdraft Lending: Very Large Financial Institutions” (89 Fed. Reg. 106768 (Dec. 30, 2024) was overturned (see Pub. L. 119-10 (May 9, 2025)).
• On May 9, 2025, a Bureau of Consumer Financial Protection rule relating to “Defining Larger Participants of a Market for General-Use Digital Consumer Payment Applications” (89 Fed. Reg. 99582 (Dec. 10, 2024) was overturned (see Pub. L. 119-11 (May 9, 2025)).
• On May 9, 2025, a Department of Energy rule relating to “Energy Conservation Program: Energy Conservation Standards for Consumer Gas-fired Instantaneous Water Heaters” (89 Fed. Reg. 105188 (Dec. 26, 2024) was overturned (see Pub. L. 119-6 (May 9, 2025)).
• On May 9, 2025, a Department of Energy rule relating to “Energy Conservation Program: Energy Conservation Standards for Walk-In Coolers and Walk-In Freezers” (89 Fed. Reg. 104616 (Dec. 23, 2024) was overturned (see Pub. L. 119-7 (May 9, 2025)).
• On May 9, 2025, a Department of Energy rule relating to “Energy Conservation Program for Appliance Standards: Certification Requirements, Legal Requirements, and Enforcement Provisions for Certain Consumer Products and Commercial Equipment” (89 Fed. Reg. 81994 (Oct. 9, 2024) was overturned (see Pub. L. 119-8 (May 9, 2025)).
• On May 9, 2025, a Department of Energy rule relating to “Energy Conservation Program: Energy Conservation Standards for Commercial Refrigerators, Freezers, and Refrigerator-Freezers” (90 Fed. Reg. 7464 (Jan. 21, 2025) was overturned (see Pub. L. 119-9 (May 9, 2025)).
• On April 10, 2025, an Internal Revenue Service rule relating to “Gross Proceeds Reporting by Brokers That Regularly Provide Services Effectuating Digital Asset Sales” (89 Fed. Reg. 106928 (Dec. 30, 2024) was overturned (see Pub. L. 119-5 (Apr. 10, 2025)).
• On March 14, 2025, an Environmental Protection Agency rule relating to “Waste Emissions Charge for Petroleum and Natural Gas Systems: Procedures for Facilitating Compliance, Including Netting and Exemptions” (89 Fed. Reg. 91094 (Nov. 18, 2024) was overturned (see Pub. L. 119-2 (Mar. 14, 2025)).
• On March 14, 2025, a Bureau of Ocean Energy Management rule relating to “Protection of Marine Archaeological Resources” (89 Fed. Reg. 71160 (Sept. 3, 2024) was overturned (see Pub. L. 119-3 (Mar. 14, 2025)).
• On June 30, 2021, an Equal Employment Opportunity Commission rule relating to ‘‘Update of Commission’s Conciliation Procedures’’ (86 Fed. Reg. 2974 (Jan. 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 (Oct. 30, 2020)) was overturned (see Pub. L. 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. 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. 115-172 (May 21, 2018)).
• On November 1, 2017, a Bureau of Consumer Financial Protection Rule relating to ''Arbitration Agreements'' (82 Fed. Reg. 33210 (July 19, 2017)) was overturned (see Pub. L. 115-74 (Nov. 1, 2017)).
• On May 17, 2017, a Department of Labor Rule relating to “Savings Arrangements Established by States for Non-Governmental Employees” (81 Fed. Reg. 59464 (Aug. 30, 2016)) was overturned (see Pub. L. 115-35 (May 17, 2017)).
• On April 13, 2017, a Department of Labor Rule relating to “Savings Arrangements Established by Qualified State Political Subdivisions for Non-Governmental Employees” (81 Fed. Reg. 92639 (Dec. 20, 2016)) was overturned (see Pub. L. 115-24 (Apr. 13, 2017)).
• On April 13, 2017, a Health and Human Services Rule relating to “Compliance With Title X Requirements by Project Recipients in Selecting Subrecipients” (81 Fed. Reg. 91852 (Dec. 19, 2016)) was overturned (see Pub. L. 115-23 (Apr. 13, 2017)).
• On April 3, 2017, a Federal Communications Commission rule relating to “Protecting the Privacy of Customers of Broadband and Other Telecommunications Services” (81 Fed. Reg. 87274 (Dec. 2, 2016)) was overturned (see Pub. L. 115-22 (Apr. 3, 2017)).
• On April 3, 2017, a Department of Labor rule relating to “Clarification of Employer’s Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness” (81 Fed. Reg. 91792 (Dec. 19, 2016)) was overturned (see Pub. L. 115-21 (Apr. 3, 2017)).
• On April 3, 2017, a Department of Interior rule relating to “Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska” (81 Fed. Reg. 52247 (Aug. 5, 2016)) was overturned (see Pub. L. 115-20 (Apr. 3, 2017)).
• On March 31, 2017, a Department of Labor rule relating to “Federal-State Unemployment Compensation Program; Middle Class Tax Relief and Job Creation Act of 2012 Provision on Establishing Appropriate Occupations for Drug Testing of Unemployment Compensation Applicants” (81 Fed. Reg. 50298 (Aug. 1, 2016)) was overturned (see Pub. L. 115-17 (Mar. 31, 2017)).
• On March 27, 2017, a Department of Education rule on Teacher Preparation Issues (81 Fed. Reg. 75494 (Oct. 31, 2016)) was overturned (see Pub. L. 115-14 (Mar. 27, 2017)).
• On March 27, 2017, a Department of Education rule relating to “Elementary and Secondary Education Act of 1965, as Amended by the Every Student Succeeds Act—Accountability and State Plans” (81 Fed. Reg. 86076 (Nov. 29, 2016)) was overturned (see Pub. L. 115-13 (Mar. 27, 2017)).
• On March 27, 2017, a Department of Interior rule relating to “Resource Management Planning” (81 Fed. Reg. 89580 (Dec. 12, 2016)) was overturned (see Pub. L. 115-12 (March 27, 2017)).
• On March 27, 2017, a Department of Defense, General Services Administration, and National Aeronautics and Space Administration rule relating to “Federal Acquisition Regulation (FAR); Fair Pay and Safe Workplaces” (81 Fed. Reg. 58562 (Aug. 25, 2016)) was overturned (see Pub. L. 115-11 (Mar. 27, 2017)).
• On February 28, 2017, a Social Security Administration rule relating to “Implementation of the National Instant Criminal Background Check System (NICS) Improvement Amendments Act of 2007” (81 Fed. Reg. 91702 (Dec. 19, 2016)) was overturned (see Pub. L. 115-8 (Feb. 28, 2017)).
• On February 16, 2017, a Department of Interior rule relating to “Stream Protection Rule” (81 Fed. Reg. 93066 (Dec. 20, 2016)) was overturned (see Pub. L. 115-5 (Feb. 16, 2017)).
• On February 14, 2017, a Securities and Exchange Commission rule relating to “Disclosure of Payments by Resource Extraction Issuers” (81 Fed. Reg. 49359 (Mar. 27, 2016)) was overturned (see Pub. L. 115-4 (Feb. 14, 2017)).
• On March 20, 2001, a Department of Labor rule relating to “Ergonomics Program” (65 Fed. Reg. 68262 (Nov. 14, 2000)) was overturned (see Pub. L. 107-5 (Mar. 20, 2001)).

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).