Congressional Review Act in the 119th Congress

The Congressional Review Act (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. Importantly, the CRA includes a carryover period allowing a new Congress to strike down rules issued in the final months of the previous administration.

Featured Rules Targeted for Repeal

Lawmakers are using the CRA to throw out important worker, consumer, health, safety, and environmental protections. In effect, the CRA makes it easy for members of Congress to enrich their industry donors at the public’s expense. No one in either party voted for higher prices, dirtier air and water, more scams and rip-offs, more dangerous workplaces, and deadlier natural disasters, but that’s exactly what we’ll get when lawmakers use the CRA to strike down rules.

Click each rule to learn more. Scroll down for a complete list of CRA resolutions introduced this Congress.

California Waivers for Pollution Standards

CRA Bill Numbers: H.J. Res. 87, H.J. Res. 88, and H.J. Res. 89

The Environmental Protection Agency, under the Clean Air Act, has for decades granted California waivers to set protective pollution standards. These standards are key to reducing toxic air pollution, lowering climate emissions, and safeguarding public health. The nonpartisan arbiter in disputes over the meaning of the CRA, the Government Accountability Office, has already twice determined that California’s waivers are not rules, and thus ineligible to be targeted for repeal using the CRA’s expedited process. Opponents of California’s waivers, like the American Trucking Association, have misleadingly claimed that they amount to a ban on gas-powered vehicles, heavy trucks, and diesel engines. More than 80 groups have called on Congress to reject this lawless and misguided use of the CRA.

CRA Targeting California Clean Vehicles Standards is Unlawful, Risks Clean Air, Health of Millions Across U.S.
Public Citizen (4/3/25)

80 Groups Tell Congress to Reject Lawless Use of the CRA
Coalition for Sensible Safeguards (3/31/25)
Crypto Broker Disclosure Rule

Rule Title: Gross Proceeds Reporting by Brokers That Regularly Provide Services Effectuating Digital Asset Sales

CRA Bill Numbers: S.J. Res. 3

This Internal Revenue Service rule requires brokers selling and transferring digital assets to report certain information about cryptocurrency transactions to the IRS, since they are not currently treated as brokers under the law. The Blockchain Association, the Texas Blockchain Council, and the DeFi Education Fund have claimed that there are no brokers involved in these transactions. Proponents of the rule argue that the broker disclosure rule is necessary to prevent digital assets from avoiding paying taxes.
Increasing Students’ Access to WiFi

Rule Title: Addressing the Homework Gap Through the E-Rate Program

CRA Bill Numbers: H.J. Res. 33 and S.J. Res. 7

This Federal Communications Commission rule increases the availability of Wi-Fi hotspots to students, school staff, and public library patrons for off-premises use to help close the digital divide or “homework gap,” which disproportionately impacts low-income students and students living in rural areas. This rule has broad bipartisan support, but U.S. Sen. Ted Cruz (R-Texas) opposes expanded wi-fi access for disadvantaged students because he believes they require constant parental supervision of their online activities. A coalition of teachers, principals, superintendents, librarians, and child advocacy organizations, opposes the CRA because it would prevent millions of students and library users from obtaining internet access.

FCC’s Historic Hotspot Initiative Aims to Close the Homework Gap
Schools, Health & Libraries Broadband Coalition (7/19/24)

Comments in Addressing the Homework Gap Through the E-Rate Program
Electronic Privacy Information Center (1/29/24)
Efficiency Standards for Instant Water Heaters

Rule Title: Energy Conservation Program: Energy Conservation Standards for Consumer Gas-Fired Instantaneous Water Heaters

CRA Bill Numbers: H.J. Res. 20 and S.J. Res. 4

This Energy Department rule raises efficiency standards for gas-fired instant water heaters, saving consumers money and reducing carbon emissions. U.S. Sen. Ted Cruz (R-Texas) and a few of his Republican colleagues oppose the rule because they believe it to be part of a “war on household appliances.” According to the Appliance Standards Awareness Project, repealing the rule would raise costs and undermine efforts to cut climate pollution.

House Bill Canceling Water Heater Efficiency Standards Would Raise Household Costs
Consumer Federation of America (2/27/25)

House Bill Canceling Water Heater Efficiency Standards Would Raise Household Costs
Appliance Standards Awareness Project (2/27/25)
Protecting Undersea Historical Sites from Drilling

Rule Title: Protection of Marine Archaeological Resources

CRA Bill Numbers: H.J. Res. 62 and S.J. Res. 11

This Interior Department rule requires oil and gas lessees and operators to submit an archeological report if their drilling, pipeline construction, and activities would disturb underwater historical sites such as submerged ancient cities and famous shipwrecks. Supporters argue that the rule is needed to protect shipwrecks and other cultural resources on the seabed from offshore drilling.

Congress Could Soon Erase Biden Rules on Archaeology, Climate, and the Environment
Science (2/7/25)
Making Polluters Pay for Methane Pollution

Rule Title: Waste Emissions Charge for Petroleum and Natural Gas Systems: Procedures for Facilitating Compliance, Including Netting and Exemptions

CRA Bill Numbers: H.J. Res. 35 and S.J. Res. 12

This Environmental Protection Agency rule requires polluters to pay for their methane pollution. Twenty-three states have sued the EPA to overturn the rule. Supporters of the rule, such as the Sierra Club, see it as “a commonsense measure to cut excessive methane emissions from corporations that are the largest polluters, secure American energy, and create jobs.”

Repeal of Methane Waste Emissions Charge Short-Sighted and Harmful
Sierra Club (2/27/25)

Overdraft Rule

Rule Title: Overdraft Lending: Very Large Financial Institutions

CRA Bill Numbers: H.J. Res. 59 and S.J. Res 18

This Consumer Financial Protection Bureau rule caps overdraft fees at $5 and treats overdraft fees as credit. The American Banking Association claims the rule will force many banks to limit or eliminate overdraft protection. However, the National Consumer Law Center said that the rule saves households $5 billion a year.

295 Groups Oppose Overturning Overdraft Fee Rule
National Consumer Law Center (3/31/25)

Senate Majority Betrays Consumers By Siding with Big Banks on Overdraft Fees
Americans for Financial Reform (3/27/25)

Nearly Every GOP Senator Votes to Saddle Struggling Families With Excessive Overdraft Fees
National Consumer Law Center (3/27/25)

Letter Urges Senators to Vote No on Resolution Disapproving CFPB Overdraft Rule
Public Citizen (3/27/25)

Full House Should Reject Rollback of Overdraft Protections
Americans for Financial Reform (3/5/25)

Statement in Response to Congressional Review Act to Overturn CFPB’s Overdraft Lending Final Rule
Consumer Federation of America (2/3/25)
Appliance Efficiency Labeling

Rule Title: Energy Conservation Program for Appliance Standards: Certification Requirements, Labeling Requirements, and Enforcement Provisions for Certain Consumer Products and Commercial Equipment

CRA Bill Numbers: H.J. Res. 42

This Energy Department rule establishes certification and labeling requirements for appliances such as portable air conditioners, water heaters, and refrigerators. The American Energy Alliance claims this rule is meant to discourage consumers from using energy sources that the Biden administration did not like and would save consumers only “a few dollars a year.” But, according to the Appliance Standard Awareness Project, eliminating the rule would make it more difficult for regulators to identify products that do not comply with standards. “The resolution could benefit companies – often those importing products from abroad – that cut corners, at the expense of consumers and the manufacturers that follow the law.”

House Bill Undoing Appliance Standards “Certification” Update Does Not Change Efficiency Levels
Appliance Standards Awareness Project (3/5/25)
Prohibiting Medical Debt on Credit Reports

Rule Title: Prohibition on Creditors and Consumer Reporting Agencies Concerning Medical Information (Regulation V)

CRA Bill Numbers: H.J. Res. 74 and S.J. Res. 36

This Consumer Financial Protection Bureau rule prohibits medical debt from appearing in consumers’ credit reports and prohibits creditors from getting or using consumers’ medical debt information to make credit determinations. The American Bankers Association opposed the rule, stating, “the less information creditors have regarding a consumer’s existing debt obligations and repayment history, the less they can account for credit risk and the consumer’s ability to repay.” Supporters of the rule, including Consumer Reports, argue that “No one’s credit record should be ruined by medical debt since it’s not a reliable predictor of credit risk. The CFPB’s ban on medical debt reporting provides critical protection to consumers and will help ensure they can get the health care they need without fearing that their credit record will be damaged beyond repair.”

Congress Wants Medical Debt on Credit Reports to Keep Hurting Americans
National Consumer Law Center (3/12/25)

Consumer Financial Protection Bureau Bans Medical Debt on Credit Reports
Consumer Reports (1/7/25)
Holding Venmo and Apple Pay Accountable

Rule Title: Defining Larger Participants of a Market for General-Use Digital Consumer Payment Applications

CRA Bill Numbers: H.J. Res. 64 and S.J. Res. 28

This Consumer Financial Protection Bureau rule requires consumer payment applications like Venmo and Apple Pay to be regulated under the CFPB’s supervisory authority just like banks and credit unions. Consumer Federation of America argues the rule is critical to “ensure that people are treated fairly when they use a payment app.”

Nearly 190 Organizations Urge House of Representatives to Oppose Musk-Fueled Rollback of CFPB Digital Payment Oversight
Americans for Financial Reform (4/1/25)

Statement in Response to Congressional Effort to Overturn Rule Creating Oversight of Big Tech Payment Platforms
Consumer Federation of America (3/31/25)

Senate Republicans Vote to Enrich Musk by Killing Payment App Protections
Americans for Financial Reform (3/5/25)
Rubber Tire Emissions Standards

Rule Title: National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing

CRA Bill Numbers: H.J. Res. 61 and S.J. Res. 24

This Environmental Protection Agency rule sets emissions standards for a subcategory of rubber tire manufacturing called rubber processing, reducing climate pollution. Until this rule, rubber processing was the only part of the rubber tire manufacturing industry that was unregulated. U.S. Rep. Pat Harrigan (R-N.C.) claims that the rule will burden industry, raise costs, and destroy jobs. The rule’s supporters argue that the economic impacts on industry and manufacturers are minimal and consumers are unaffected, while the rule reduces climate pollution.

CRA Targets in the 119th Congress

	AGENCY	HOUSE BILL	SENATE BILL	STATUS
Energy Conservation Program: Energy Conservation Standards for Commercial Water Heating Equipment	Energy	H.J. Res. 15
Energy Conservation Program: Energy Conservation Standards for Consumer Gas-fired Instantaneous Water Heaters	Energy	H.J. Res. 20	S.J. Res. 4	2/27: Passed House 221-198-2 4/10: Passed Senate 53-44
Modernizing H-2 Program Requirements, Oversight, and Worker Protections	Homeland Security	H.J. Res. 21
Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers	Homeland Security	H.J. Res. 22
Energy Conservation Program: Energy Conservation Standards for Walk-In Coolers and Walk-In Freezers	Energy	H.J. Res. 24		3/27: Passed House 203-182 4/3: Passed Senate 53-42
Gross Proceeds Reporting by Brokers That Regularly Provide Services Effectuating Digital Asset Sales	Internal Revenue Service	H.J. Res. 25	S.J. Res. 3	3/11: Passed House 292-132 3/26: Passed Senate 70-28 4/10: Signed by the President
Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles-Phase 3	Environmental Protection Agency	H.J. Res. 26
Phasedown of Hydrofluorocarbons: Management of Certain Hydrofluorocarbons and Substitutes Under the American Innovation and Manufacturing Act of 2020	Environmental Protection Agency	H.J. Res. 30 H.J. Res. 38	S.J. Res. 14
Addressing the Homework Gap Through the E-Rate Program	Federal Communications Commission	H.J. Res. 33	S.J. Res. 7
Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Employment Authorization Document Renewal Applicants	Homeland Security	H.J. Res. 23	S.J. Res. 8
Commission Guidance Regarding the Listing of Voluntary Carbon Credit Derivative Contracts	Commodity Futures Trading Commission		S.J. Res. 9
Protection of Marine Archaeological Resources	Ocean Energy Management	H.J. Res. 62	S.J. Res. 11	2/25: Passed Senate 54-44 3/6: Passed House 221-202 3/14: Signed by the President
Waste Emissions Charge for Petroleum and Natural Gas Systems: Procedures for Facilitating Compliance, Including Netting and Exemptions	Environmental Protection Agency	H.J. Res. 35	S.J. Res. 12	2/26: Passed House 220-206 2/27: Passed Senate 52-47 3/14: Signed by the President
Review of Applications Under the Bank Merger Act	Comptroller of the Currency		S.J. Res. 13
Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA)	Environmental Protection Agency	H.J. Res. 27 H.J. Res. 34	S.J. Res. 19
Law Enforcement; Criminal Prohibitions	Forest Service	H.J. Res. 36	S.J. Res. 17
Premerger Notification; Reporting and Waiting Period Requirements	Federal Trade Commission	H.J. Res. 39
Cybersecurity Maturity Model Certification (CMMC) Program	Defense	H.J. Res. 40
Postsecondary Student Success Grant	Education	H.J. Res. 41
Energy Conservation Program for Appliance Standards: Certification Requirements, Labeling Requirements, and Enforcement Provisions for Certain Consumer Products and Commercial Equipment	Energy	H.J. Res. 42	S.J. Res. 50	2/27: Passed House 221-198 4/30: Passed Senate 52-46
New Source Performance Standards Review for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels)	Environmental Protection Agency	H.J. Res. 43
National Primary Drinking Water Regulations for Lead and Copper: Improvements (LCRI)	Environmental Protection Agency	H.J. Res. 18 H.J. Res. 44
Reconsideration of the Dust-Lead Hazard Standards and Dust-Lead Post-Abatement Clearance Levels	Environmental Protection Agency	H.J. Res. 45
Decabromodiphenyl Ether and Phenol, Isopropylated Phosphate (3:1); Revision to the Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under the Toxic Substances Control Act (TSCA)	Environmental Protection Agency	H.J. Res. 46
Quality Control Standards for Automated Valuation Models	Comptroller of the Currency	H.J. Res. 47
Quality Control Standards for Automated Valuation Models	Federal Reserve	H.J. Res. 48
Quality Control Standards for Automated Valuation Models	Federal Deposit Insurance Corporation	H.J. Res. 49
Quality Control Standards for Automated Valuation Models	National Credit Union Administration	H.J. Res. 50
Quality Control Standards for Automated Valuation Models	Consumer Financial Protection Bureau	H.J. Res. 51
Quality Control Standards for Automated Valuation Models	Federal Housing Finance Agency	H.J. Res. 52
Form N-PORT and Form N-CEN Reporting; Guidance on Open-End Fund Liquidity Risk Management Programs	Securities and Exchange Commission	H.J. Res. 53
Anti-Money Laundering Regulations for Residential Real Estate Transfers	Financial Crimes Enforcement Network	H.J. Res. 55
Anti-Money Laundering/Countering the Financing of Terrorism Program and Suspicious Activity Report Filing Requirements for Registered Investment Advisers and Exempt Reporting Advisers	Financial Crimes Enforcement Network	H.J. Res. 56
Oil and Gas and Sulfur Operations in the Outer Continental Shelf-High Pressure High Temperature Updates	Interior	H.J. Res. 57
Medicare Program; Calendar Year (CY) 2025 Home Health Prospective Payment System (HH PPS) Rate Update; HH Quality Reporting Program Requirements; HH Value-Based Purchasing Expanded Model Requirements; Home Intravenous Immune Globulin (IVIG) Items and Services Rate Update; and Other Medicare Policies	Centers for Medicare & Medicaid Services	H.J. Res. 58
Overdraft Lending: Very Large Financial Institutions	Consumer Financial Protection Bureau	H.J. Res. 59	S.J. Res. 18	3/27: Passed Senate 52-48 4/9: Passed House 217-211
Glen Canyon National Recreation Area: Motor Vehicles	National Park Service	H.J. Res. 60	S.J. Res. 30	4/29: Passed House 219-205
National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing	Environmental Protection Agency	H.J. Res. 61	S.J. Res. 24	3/5: Passed House 216-202
Defining Larger Participants of a Market for General-Use Digital Consumer Payment Applications	Consumer Financial Protection Bureau	H.J. Res. 64	S.J. Res. 28	3/5: Passed Senate 51-47 4/9: Passed House 219-211
Rules for Supervisory Approval of Penalties	Internal Revenue Service	H.J. Res. 65
Air Plan Approval; Ohio; Withdrawal of Technical Amendment	Environmental Protection Agency	H.J. Res. 66	S.J. Res. 29
Prohibition on Creditors and Consumer Reporting Agencies Concerning Medical Information (Regulation V)	Consumer Financial Protection Bureau	H.J. Res. 74	S.J. Res. 36
Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act	Environmental Protection Agency		S.J. Res. 31	5/1: Passed Senate 52-46
Energy Conservation Program: Energy Conservation Standards for Commercial Refrigerators, Freezers, and Refrigerator-Freezers	Energy, Office of Energy Efficiency and Renewable Energy	H.J. Res. 75		3/27: Passed House 214-193
Updates to New Chemicals Regulations Under the Toxic Substances Control Act (TSCA)	Environmental Protection Agency	H.J. Res. 76
Endangered and Threatened Wildlife and Plants; Endangered Species Status for the San Francisco Bay-Delta Distinct Population Segment of the Longfin Smelt	Fish and Wildlife Service	H.J. Res. 78		5/1: Passed House 216-195
Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act	Environmental Protection Agency	H.J. Res. 79
Section 45Y Clean Electricity Production Credit and Section 48E Clean Electricity Investment Credit	Internal Revenue Service		S.J. Res. 39
Energy Conservation Program: Energy Conservation Standards for Commercial Refrigerators, Freezers, and Refrigerator-Freezers	Energy		S.J. Res. 44
California State Motor Vehicle and Engine Pollution Control Standards; Heavy-Duty Vehicle and Engine Emission Warranty and Maintenance Provisions; Advanced Clean Trucks; Zero Emission Airport Shuttle; Zero-Emission Power Train Certification; Waiver of Preemption; Notice of Decision	Environmental Protection Agency	H.J. Res. 87	S.J. Res. 46	4/30: Passed House 231-191
California State Motor Vehicle and Engine Pollution Control Standards; Advanced Clean Cars II; Waiver of Preemption; Notice of Decision	Environmental Protection Agency	H.J. Res. 88	S.J. Res. 45	5/1: Passed House 246-164
California State Motor Vehicle and Engine and Nonroad Engine Pollution Control Standards; The 'Omnibus' Low NOX Regulation; Waiver of Preemption; Notice of Decision	Environmental Protection Agency	H.J. Res. 89	S.J. Res. 47	4/30: Passed House 225-196
Commission Guidance Regarding the Listing of Voluntary Carbon Credit Derivative Contracts	Commodity Futures Trading Commission	H.J. Res. 90
Review of Applications Under the Bank Merger Act	Office of the Comptroller of the Currency; Treasury	H.J. Res. 92

CSS Resources

House Lawlessly Votes to Repeal California Clean Air Act Waivers
Coalition for Sensible Safeguards: April 30, 2025

CRA Resolutions Are Paybacks to Industry
Coalition for Sensible Safeguards: April 3, 2025

80 Groups Tell Congress to Reject Lawless Use of the CRA
Coalition for Sensible Safeguards: March 31, 2025

CSS and 80 Groups Oppose Misuse of the Congressional Review Act to Target Ineligible Policies
Coalition for Sensible Safeguards: March 31, 2025

Congressional Review Act By the Numbers
Center for Progressive Reform: February 25, 2025

The Congressional Review Act: Questions and Answers
Coalition for Sensible Safeguards: February 24, 2025

The Law Republicans Are Using to Repeal Biden-Era Regulations Is Fatally Flawed
Center for Progressive Reform: February 24, 2025

CSS Releases Congressional Review Act Resolutions Tracker
Coalition for Sensible Safeguards: February 5, 2025

Congressional Review Act Carryover Period Likely to End in May 2025
Public Citizen: December 12, 2024

Congressional Review Act Tracker Methodology
Public Citizen: December 12, 2024

WEBINAR: The Congressional Review Act’s Threats to Public Protections
Center for Progressive Reform: December 4, 2024

Protections Under Threat: FAQs on the Congressional Review Act
Congressional Progressive Caucus Center: December 3, 2024

Dozens of Commonsense Safeguards Vulnerable to GOP Rollback
Public Citizen: November 22, 2024

Congressional Review Act Targets in the 119th Congress
Public Citizen: November 22, 2024

The Congressional Review Act: Questions and Answers
Coalition for Sensible Safeguards: March 14, 2023

Congressional Review Act in the 118th Congress
Coalition for Sensible Safeguards

GAO Review

Agencies engage in numerous actions, and under the CRA they are required to submit to Congress only those actions that are considered rules. If an agency does not consider its action a rule, it does not need to be submitted to Congress. However, if a member of Congress wants an agency action to be considered a rule under the CRA, the lawmaker can ask the Government Accountability Office (GAO) to determine whether the action should be considered a rule. While the response times vary widely, it takes the GAO on average 207 days to determine CRA eligibility, or nearly seven months. See this tracker for more details: GAO Rule Determinations for CRA Consideration.

Congressional Review Act in the 119th Congress

Featured Rules Targeted for Repeal

CRA Targets in the 119th Congress

CSS Resources

GAO Review

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