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|