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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. The CRA includes a carryover period allowing a new Congress to strike down rules issued in the final months of the previous administration.

Under the CRA, resolutions targeting Biden era rules may not be introduced until the 15th legislative day of the new Congress, which was January 23. Lookback resolutions introduced before then are not valid and cannot become law.

 

CRA Resolutions in the 119th Congress

TARGETED RULEAGENCYHOUSE BILLSENATE BILLSTATUS
Energy Conservation Program: Energy Conservation Standards for Consumer Gas-fired Instantaneous Water HeatersEnergyS.J. Res. 4
Phasedown of Hydrofluorocarbons: Management of Certain Hydrofluorocarbons and Substitutes Under the American Innovation and Manufacturing Act of 2020Environmental Protection AgencyH.J. Res. 30

H.J. Res. 38
S.J. Res. 14
Addressing the Homework Gap Through the E-Rate ProgramFederal Communications CommissionH.J. Res. 33S.J. Res. 7
Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Employment Authorization Document Renewal ApplicantsHomeland SecurityS.J. Res. 8
Commission Guidance Regarding the Listing of Voluntary Carbon Credit Derivative ContractsCommodity Futures Trading CommissionS.J. Res. 9
Protection of Marine Archaeological ResourcesOcean Energy ManagementS.J. Res. 11
Waste Emissions Charge for Petroleum and Natural Gas Systems: Procedures for Facilitating Compliance, Including Netting and ExemptionsEnvironmental Protection AgencyH.J. Res. 35S.J. Res. 12
Review of Applications Under the Bank Merger ActComptroller of the CurrencyS.J. Res. 13
Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA)Environmental Protection AgencyH.J. Res. 34S.J. Res. 19
Law Enforcement; Criminal ProhibitionsForest ServiceH.J. Res. 36S.J. Res. 17
Premerger Notification; Reporting and Waiting Period RequirementsFederal Trade CommissionH.J. Res. 39
Cybersecurity Maturity Model Certification (CMMC) ProgramDefenseH.J. Res. 40
Postsecondary Student Success GrantEducationH.J. Res. 41
Energy Conservation Program for Appliance Standards: Certification Requirements, Labeling Requirements, and Enforcement Provisions for Certain Consumer Products and Commercial EquipmentEnergyH.J. Res. 42
New Source Performance Standards Review for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels)Environmental Protection AgencyH.J. Res. 43
National Primary Drinking Water Regulations for Lead and Copper: Improvements (LCRI)Environmental Protection AgencyH.J. Res. 44
Reconsideration of the Dust-Lead Hazard Standards and Dust-Lead Post-Abatement Clearance LevelsEnvironmental Protection AgencyH.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 AgencyH.J. Res. 46
Quality Control Standards for Automated Valuation ModelsComptroller of the CurrencyH.J. Res. 47
Quality Control Standards for Automated Valuation ModelsFederal ReserveH.J. Res. 48
Quality Control Standards for Automated Valuation ModelsFederal Deposit Insurance CorporationH.J. Res. 49
Quality Control Standards for Automated Valuation ModelsNational Credit Union AdministrationH.J. Res. 50
Quality Control Standards for Automated Valuation ModelsConsumer Financial Protection BureauH.J. Res. 51
Quality Control Standards for Automated Valuation ModelsFederal Housing Finance AgencyH.J. Res. 52
Form N-PORT and Form N-CEN Reporting; Guidance on Open-End Fund Liquidity Risk Management ProgramsSecurities and Exchange CommissionH.J. Res. 53
Anti-Money Laundering Regulations for Residential Real Estate TransfersFinancial Crimes Enforcement NetworkH.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 AdvisersFinancial Crimes Enforcement NetworkH.J. Res. 56
Oil and Gas and Sulfur Operations in the Outer Continental Shelf-High Pressure High Temperature UpdatesInteriorH.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 PoliciesCenters for Medicare & Medicaid ServicesH.J. Res. 58
Overdraft Lending: Very Large Financial InstitutionsConsumer Financial Protection BureauH.J. Res. 59S.J. Res. 18

 

CSS Resources

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

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.

 

Recommended Reading

How Trump and Congress Could Reverse Biden-Era Regulations
The American Prospect: December 9, 2024

If Republicans Sweep on Election Day, They Could Easily Repeal These Biden Policies
Government Executive: November 4, 2024

The Specter of the Congressional Review Act
Defenders of Wildlife: October 23, 2024

The Congressional Review Act: Congress’s Favorite Tool to Undermine Public Health, Labor Rights, and Environmental Protections
Earthjustice: June 21, 2024