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.

CRA Targets in the 119th Congress

TARGETED RULE	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
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
Gross Proceeds Reporting by Brokers That Regularly Provide Services Effectuating Digital Asset Sales	Internal Revenue Service	H.J. Res. 25	S.J. Res. 3	3/4: Passed Senate 70-27
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
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
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		2/27: Passed House 221-198
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
Glen Canyon National Recreation Area: Motor Vehicles	National Park Service	H.J. Res. 60	S.J. Res. 30
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
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
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
Updates to New Chemicals Regulations Under the Toxic Substances Control Act (TSCA)	Environmental Protection Agency	H.J. Res. 76

Featured Rules at Risk

Crypto Broker Disclosure Rule

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 are misleadingly claiming that there are no brokers involved in these transactions. In reality, the apps, software programs, and websites that manage these transactions, in the absence of disclosure requirements, are helping blockchain users skirt the law and avoid paying taxes they owe.

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

CRA Resolutions: S.J. Res. 3

Increasing Students’ Access to Wi-Fi

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) and a few of his Republican colleagues oppose expanded Wi-Fi access for disadvantaged students because they believe students require constant parental supervision of their online activities at all times.

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

CRA Resolutions: H.J. Res. 33, S.J. Res. 7

CSS Resources

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.