Congressional Review Act in the 118th Congress

The Congressional Review Act (CRA) allows Congress by a simple majority vote in both chambers — with limited debate and no possibility of a filibuster — to overturn recently issued regulations, so long as the president does not veto the resolution of disapproval. The CRA’s expedited process applies only for a short time after a final regulation has been issued and published in the Federal Register.

If a resolution of disapproval becomes law, the targeted rule is void and can have no effect. In addition, the agency is prohibited from issuing another regulation that is “substantially the same,” unless Congress authorizes the agency to do so through subsequent legislation. Because the courts have never determined how different a new regulation must be so that is not “substantially the same,” the scope of this prohibition remains unclear and untested.

The table below lists rules that have been targeted for repeal.

TARGETED RULE	AGENCY	HOUSE BILL	SENATE BILL	STATUS
Lesser Prairie-Chicken Endangered Species Protections	Fish and Wildlife Service	H.J. Res. 29	S.J. Res. 9
Veterans Affairs Abortion Counseling	Veterans Affairs	H.J. Res. 31	S.J. Res. 10
Allowing ESG Investing in Employee Benefit Plans	Labor	H.J. Res. 30	S.J. Res. 8	02/28/23 - Passed House 216-204 03/01/23 - Passed Senate 50-46 03/21/23 - Biden vetoed
Heavy-Duty Engine Air Pollution Standards	Environmental Protection Agency		S.J. Res. 11
Imported Solar Cells	International Trade Administration	H.J. Res. 22	S.J. Res. 15
Waters of the United States	Army Corps of Engineers / Defense / Environmental Protection Agency	H.J. Res. 27	S.J. Res. 7