Congressional Review Act Issues for the 117th Congress: The Lookback Mechanism and Effects of Disapproval [February 19, 2021] [open pdf - 1MB]
From the Summary: "The Congressional Review Act (CRA) (codified at 5 U.S.C. §§801-808) is a tool that Congress may use to pass legislation overturning a final rule issued by a federal agency. The CRA's definition of 'rule' is broad, meaning the CRA may be used to overturn other agency actions in addition to rules promulgated under the typical notice-and-comment rulemaking process, including, for example, some agency guidance documents. Additionally, although the CRA imposes specific requirements on a category of rules known as 'major' rules, it can be used to disapprove rules regardless of whether they are major. [...] This report discusses issues related to the CRA for the 117th Congress in a frequently asked questions (FAQs) format. Issues discussed include the scope of the CRA; its disapproval mechanism, including the time periods for introduction and action on joint resolutions of disapproval and the lookback provisions; the effects of disapproving rules under the CRA, including the prohibition on issuing a rule in 'substantially the same form;' and links to additional CRS [Congressional Research Service] written materials on the subject."
CRS Report for Congress, R46690
Congressional Research Service: https://crsreports.congress.gov/