Protections Under Threat: FAQs on the Congressional Review Act
Updated December 3, 2024
Authors: Catherine Rowland, Legislative Affairs Director, Congressional Progressive Caucus Center ; Elizabeth “Bitsy” Skerry, J.D., Regulatory Policy Associate, Public Citizen ; Amit Narang, Regulatory Policy Consultant, Public Citizen
What is the Congressional Review Act?
Congress can block a president’s policies using a mechanism known as the Congressional Review Act (CRA). This process allows Congress to undo rules and regulations that federal agencies have recently put in place and prevent new, similar rules from taking effect in the future.
Why is the Congressional Review Act Important Right Now?
The CRA enables Congress to reverse an outgoing president’s policies if those policies were put in place within a certain “lookback period” (see below for more details). This means that, in 2025, Congress and the incoming administration may attempt to undo recent Biden administration rules.
How does Congress reverse a rule through the CRA?
Congress must introduce and pass a “resolution of disapproval” regarding the rule it wants to nullify. Once the resolution has passed in the House and Senate, the president must sign it.
These resolutions are exempt from the filibuster, meaning they can move forward with a simple majority vote (51 out of 100 senators) in the Senate. Republicans will hold 53 Senate seats in 2025. Therefore, Senate Republicans will have sufficient votes to pass resolutions of disapproval, even if all Senate Democrats vote no.
Which rules has the CRA undone in the past?
Before President Trump took office in 2017, the CRA had been used successfully just once: in 2001, to overturn a Clinton-era rule regulating ergonomic hazards for workers. Sixteen years later, during the first Trump administration, the president and Republican-controlled Congress overturned a record 16 Obama Administration rules using the CRA. These included regulations protecting access to the Title X Family Planning Program, penalizing employers who failed to report workplace injuries, allowing consumers to sue banks in class action lawsuits, and more.
When President Biden took office in 2021, the president and Democratically-controlled Congress approved CRA resolutions that rolled back Trump administration rules allowing for more methane pollution and enabling predatory lenders.
Which Rules Does the CRA Threaten Now?
Congress can typically reverse rules dating back a few months. For the 119th Congress beginning in January 2025, the Congressional Research Service estimates that rules issued on or after August 1, 2024 could be vulnerable. However, the CRA “lookback period” is based on Congress’ calendar. Therefore, it will not be possible to calculate when exactly the lookback clock starts until the 118th Congress adjourns.
Below are recent Biden administration rules that are likely to fall within the lookback period. Therefore, the incoming Congress and administration may reverse these rules using the CRA.
What rule does the CRA threaten? | What does this rule do? | When was it finalized? |
---|---|---|
National Primary Drinking Water Regulations for Lead and Copper: Improvements (LCRI) (RIN: 2040-AG16) | Requires drinking water systems to replace lead service lines, which can cause dangerous lead poisoning and pose a particular risk to children. The rule also improves water testing in schools and childcare centers. | 10/30/2024 |
Safety Standard for Infant Support Cushions (RIN: 3041-AD89) | Sets standards for infant pillows to reduce the risk of suffocation, entrapment, or falling, following numerous deaths and injuries that involved babies’ pillows. | 11/4/2024 |
Methane Emissions and Waste Reduction Incentive Program for Petroleum and Natural Gas Systems (RIN: 2060-AW02) | Forces oil and gas companies to pay a fee if they release large amounts of methane, a greenhouse gas. | 11/18/2024 |
For an exhaustive list, check out Public Citizen’s Congressional Review Act Targets in the 119th Congress.