Much has been written about the Congressional Review Act (CRA), which Congress can use to repeal qualifying federal agency actions. The CRA was enacted as part of the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). According to the Congressional Research Service (CRS), through 2024 the CRA was used to repeal 20 rules, including 16 during President Trump’s first term. The CRA was also used successfully one time in the 107th Congress (2001-2002) under former President G.W. Bush and three times in the 117th Congress (2021-2022) under former President Biden.
CRA actions seek to undo regulatory actions of an administration and are typically only used when there is a new President of a different party than their predecessor and a Congress where both the House of Representatives and Senate are controlled by the same party as that of the new President. Congress has a narrow window to act on a resolution of disapproval, which limits the number of CRA actions that Congress can take.
In the current 119th Congress (2025-2026), 55 resolutions of disapproval have been introduced as of February 25, 2025. Of that number, 16 address rules promulgated by the U.S. Environmental Protection Agency (EPA). Four of these relate to the Toxic Substances Control Act (TSCA), including three (essentially the same) regarding trichloroethylene (TCE). The other resolution of disapproval is regarding decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP 3:1), “Revision to the Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under the Toxic Substances Control Act (TSCA)” (89 Fed. Reg. 91486 (Nov. 19, 2024)). More information about the CRA action on TCE can be found in our January 24, 2025, blog item.
House Majority Leader Steve Scalise (R-LA) announced on February 20, 2025, the top ten rules that House Republicans are prioritizing for CRA action in the coming weeks. Only three rules relate to EPA; none relate to TSCA. Leader Scalise notes in the press release that there is the potential for more rules to be added to the list for CRA action.
In addition to the time constraint that limits Congress’s ability to enact CRA legislation, Congress is facing multiple deadlines on March 14, 2025, the date that government funding expires unless extended. March 14, 2025, also is the date that other programs expire, including the National Flood Insurance Program and Temporary Assistance for Needy Families (TANF), which provides benefits to families in need. See additional details in our February 21, 2025, blog item.
Given these deadlines, Congress will be challenged to equal the mark of 16 successful CRA actions in President Trump’s first term.