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Congressional Review Act — Congress overruling the agencies (in detail)

The Congressional Review Act of 1996 is one of the most consequential procedural tools Congress has. It lets a simple majority of both chambers void a federal agency rule — bypassing the filibuster — within a 60-legislative-day window after the rule is published. Rare in practice but each use is high-stakes.

  1. 1

    Step 1 — Rule is finalized

    A federal agency publishes a final rule in the Federal Register. The CRA window opens.

  2. 2

    Step 2 — Disapproval resolution introduced

    A joint resolution of disapproval is introduced in either chamber. The resolution must use exact CRA language ("Congress disapproves the rule submitted by [Agency] relating to [Rule] ...").

  3. 3

    Step 3 — Senate discharge (if needed)

    In the Senate, 30 senators can sign a discharge petition to bring the resolution out of committee within 20 calendar days.

  4. 4

    Step 4 — Floor consideration

    CRA resolutions are privileged in the Senate: limited to 10 hours of debate, no filibuster, no 60-vote threshold. Simple majority passes.

  5. 5

    Step 5 — Other chamber + President

    Same simple-majority threshold. The President can sign or veto.

  6. 6

    Step 6 — Effect on the agency

    If the resolution becomes law, the rule is voided immediately AND the agency cannot reissue substantially the same rule without new legislation. This permanent ban is what makes the CRA particularly powerful.