What GAO Found For about a quarter of the major rules issued from January 21, 2021, to January 20, 2025 (119 of 462 rules), agencies published effective dates inconsistent with the Congressional Review Act’s (CRA) 60-day waiting period. The waiting period begins when the Federal Register has published the rule or the House and the Senate have received paper copies, whichever is later, and does not apply under certain exceptions, such as when agencies claim good cause. Example of 60-Day Delay for a Major Rule The CRA requires rules to be received by Congress but does not further define what constitutes receipt by Congress or establish what must occur for the House and the Senate to receive a rule. Officials from all four agencies described challenges with understanding what counts as the date Congress receives copies of rules. Amending the CRA to be more precise about the date of receipt, such as by specifying that receipt occurs when agencies deliver rules to an identified office or location, would help allay the confusion agencies face. Doing so would promote the CRA’s goal of ensuring a specific minimum delay in the effective dates of major rules. Department of Energy (DOE) officials told…
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Congressional Review Act: Agencies and Congress Could Improve Implementation of 60-Day Delay for Major Rules
Source: US GAO Reports — US Government, Public Domain