Public Citizen Confirms CRA Lookback Date is August 16
WASHINGTON, D.C. – Public Citizen confirmed today that the Congressional Review Act (CRA) lookback period began on August 16, 2024, in contrast with earlier reports that estimated the cutoff date to be August 1. According to the Senate’s official calendar, there were 176 total days in session (fewer than in the House). The 60th legislative day prior to the end of the 118th Congress was August 16.
Rules finalized on or after August 16 are at risk of repeal during the CRA’s carryover period, which allows a new Congress to use the CRA to strike down rules issued in the final months of a previous administration. Public Citizen previously estimated that the carryover period will end on May 12, though this date could change depending on the congressional work schedule and other factors.
“As Republicans plot which industries to reward by throwing out worker, consumer, health, safety, and environmental protections, any reduction in their list of potential targets is welcome news,” said Robert Weissman, co-president of Public Citizen. “Rules finalized in the first half of August strengthening construction industry collective bargaining and employee free choice in union elections, quality control standards for home value estimates, and nuclear plant operating licenses won’t be at risk of repeal under the CRA as previously thought.”
The CRA allows Congress by simple majority vote in both chambers with limited debate, no possibility of a filibuster, and the president’s signature to overturn recently issued regulations. The agency that issued the rule is then prohibited from issuing a new one that is “substantially the same,” but the scope of this prohibition has never been tested in court.