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Uses of the Congressional Review Act during the Biden administration

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See also: Congressional Review Act

This page tracks usage of the Congressional Review Act (CRA) during the Joe Biden (D) administration. This page only covers CRA resolutions that passed through at least one house of Congress, there may be others that representatives introduced that did not move beyond that stage in the legislative process.

The CRA is a federal law that affords Congress a check on the rulemaking activities of federal agencies. The law creates a review period during which Congress, by passing a joint resolution of disapproval later signed by the president, can overturn a new federal agency rule and block the issuing agency from creating a similar rule in the future.[1][2][3]

As of June 30, 2021, the CRA had been used to repeal 20 rules, one under the Bush administration, 16 under the Trump administration, and three under the Biden administration.[4][5][6]

Background

The Congressional Review Act was passed in 1996 and signed into law by President Bill Clinton (D).[7][8][9] With the CRA, Congress intended to establish a review system to address the complaint that "Congress [had] effectively abdicated its constitutional role as the national legislature in allowing federal agencies so much latitude in implementing and interpreting congressional enactments," according to the official legislative history of the law.[8]

After Donald Trump (R) lost the 2020 presidential election, some activists and scholars called on the incoming Joe Biden (D) administration to work with Democratic majorities in Congress to use the CRA to undo midnight regulations issued by the Trump administration.[10]

Midnight regulations are those informal rules that federal agencies adopt at the end of presidential administrations. Midnight regulations from the Trump administration are those rules made on or after August 21, 2020, and there might be at least 1,354 such rules, according to estimates from Daniel Pérez, a senior policy analyst at the George Washington University Regulatory Studies Center.[11][12]

Congress had 60 days from February 3, 2021, to consider using the CRA to block those midnight rules.[13] Since days under the CRA means days where Congress is in continuous session, that meant the estimated deadline to block any Trump administration midnight regulatory activity was April 4, 2021.[13]

Historical usage of the CRA

See also: Uses of the Congressional Review Act under the Trump administration or Federal agency rules repealed under the Congressional Review Act

Before 2017, the only successful use of the CRA was in 2001 when the recently sworn-in Congress and President George W. Bush (R) reversed an ergonomic standards rule issued by the Occupational Safety and Health Administration during the final months of the previous administration. During his presidency, Barack Obama (D) vetoed five CRA resolutions addressing environmental, labor, and financial policy.[3][4]

In the first four months of his administration, President Donald Trump (R) signed 14 CRA resolutions from Congress undoing a variety of rules issued near the end of Barack Obama's (D) presidency.[1][2][3][14] Congress repealed 16 rules using the CRA during the Trump administration.[15]

Usage of the CRA under the Biden administration

See also: Federal agency rules repealed under the Congressional Review Act and Uses of the Congressional Review Act during the Trump administration

President Joe Biden (D) on June 30, 2021, signed three CRA resolutions into law, bringing the total number of rules repealed to 20. The CRA resolutions blocked the following three rules:[6]

Biden as of May 2024 had vetoed 11 CRA resolutions aiming to block the following rules:

See also

External links

Footnotes

  1. ↑ 1.0 1.1 U.S. News, "Democrats Push to Repeal Congressional Review Act," June 1, 2017
  2. ↑ 2.0 2.1 The Hill, "The Congressional Review Act and a deregulatory agenda for Trump's second year," March 31, 2017
  3. ↑ 3.0 3.1 3.2 Smithsonian Magazine, "What Is the Congressional Review Act?" February 10, 2017
  4. ↑ 4.0 4.1 Quartz, "The obscure law Donald Trump will use to unwind Obama's regulations," December 1, 2016
  5. ↑ George Washington University Regulatory Studies Center, "Congressional Review Act ," accessed December 18, 2020
  6. ↑ 6.0 6.1 The White House, "Remarks by President Biden Signing Three Congressional Review Act Bills into Law: S.J.Res.13; S.J.Res.14; and S.J.Res.15," June 30, 2021
  7. ↑ Congress, "H.R.3136 - Contract with America Advancement Act of 1996," accessed April 23, 2019
  8. ↑ 8.0 8.1 Congressional Record, "S3683, Congressional Review Title of H.R. 3136," April 18, 1996
  9. ↑ Congressional Research Service, "In Focus: The Congressional Review Act (CRA)," accessed April 22, 2019
  10. ↑ The Wall Street Journal, "Democratic Control of Senate Creates Path to Repeal Last-Minute Trump Policies," January 10, 2021
  11. ↑ Regulatory Studies Center, "Congressional Review Act," accessed January 12, 2021
  12. ↑ Axios, "Senate majority gives Democrats tool to reverse Trump policies," January 11, 2021
  13. ↑ 13.0 13.1 Congressional Record, "Vol. 167, No. 20: Proceedings and Debates of the 117th Congress, First Session," February 3, 2021
  14. ↑ New York Times, "Which Obama-Era Rules Are Being Reversed in the Trump Era," May 18, 2017
  15. ↑ Congress.gov, "S.J.Res.57," accessed May 22, 2018
  16. ↑ The White House, "Message to the House of Representatives - President's Veto of H.J. Res 30," March 20, 2023
  17. ↑ Congress.gov, "H.J. Res. 27," accessed April 13, 2023
  18. ↑ Congress.gov, "H.J.Res.39 - Disapproving the rule submitted by the Department of Commerce relating to "Procedures Covering Suspension of Liquidation, Duties and Estimated Duties in Accord With Presidential Proclamation 10414," accessed May 17, 2023
  19. ↑ Congress.gov, "H.J.Res.45 - Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to 'Waivers and Modifications of Federal Student Loans'," accessed June 8, 2023
  20. ↑ Congress.gov, "S.J.Res.11 - A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "Control of Air Pollution From New Motor Vehicles: Heavy-Duty Engine and Vehicles Standards," accessed June 15, 2023
  21. ↑ Congress.gov, "S.J.Res.9 - A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the United States Fish and Wildlife Service relating to 'Endangered and Threatened Wildlife and Plants; Lesser Prairie-Chicken; Threatened Status with Section 4(d) Rule for the Northern Distinct Population Segment and Endangered Status for the Southern Distinct Population Segment,'" accessed September 28, 2023
  22. ↑ Congress.gov, "S.J.Res.24 - A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the United States Fish and Wildlife Service relating to 'Endangered and Threatened Wildlife and Plants; Endangered Species Status for Northern Long-Eared Bat,'" accessed September 28, 2023
  23. ↑ Congress.gov, "S.J.Res.32 - A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Consumer Financial Protection relating to "Small Business Lending Under the Equal Credit Opportunity Act (Regulation B)," December 21, 2023.
  24. ↑ Congress.gov, S.J.Res.38 - A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Federal Highway Administration relating to "Waiver of Buy America Requirements for Electric Vehicle Chargers," January 25, 2024.
  25. ↑ Congress.gob, "H.J.Res.98 - Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the National Labor Relations Board relating to 'Standard for Determining Joint Employer Status'," June 13, 2024
  26. ↑ Congress.gov, "H.J.Res.109 - Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Securities and Exchange Commission relating to 'Staff Accounting Bulletin No. 121'," June 6, 2024
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