The Congressional Review Act (“CRA”) provides Congress the authority to overturn certain federal agency rules within a 60-day continuous session period after the rule is submitted to Congress. This is achieved through a joint resolution of disapproval that must pass both the House and Senate with a simple majority and be signed by the President. A key provision is that overturned rules cannot be reissued in substantially the same form. The CRA also includes a "lookback" period, allowing the next Congress to review and potentially overturn rules submitted within the last 60 session or legislative days of the previous Congress. This provision is particularly significant in election years, as it enables a new administration and Congress to revoke rules issued towards the end of the previous term. The upcoming Congress, starting January 3, 2024, will thus be positioned to scrutinize rules issued from approximately August 9, 2024, onward. Given the CRA's broad applicability, it is crucial for stakeholders to monitor and act swiftly to gain Congressional support for or against agency rules at risk of revocation under the CRA.
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