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.
See Public Citizen’s tracker of Biden era rules that are vulnerable to repeal during the CRA’s carryover period. Under the CRA, resolutions targeting Biden era rules may not be introduced until the 15th legislative day of the new Congress, which is January 23. Lookback resolutions introduced before then are not valid and cannot become law.
CSS Resources
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