Federal agency rules repealed under the Congressional Review Act

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See also: Congressional Review Act, Uses of the Congressional Review Act under the Trump administration, and Uses of the Congressional Review Act during the Biden administration

The Congressional Review Act (CRA) is a federal law passed in 1996 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] The CRA had been used to repeal 20 rules as of February 2025.[4][5][6]

Before 2017, Congress had used the CRA successfully one time, to overturn a rule on ergonomics in the workplace in 2001.[1] In the first four months of his first term, 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from Congress undoing a variety of rules issued near the end of Barack Obama's (D) presidency.[1][2][3][7] Congress repealed 16 rules using the CRA during the Trump administration.[8] On June 30, 2021, Joe Biden (D) signed three CRA resolutions into law, bringing the total number of rules repealed to 20.[6]


Below is a table showing all of the rules repealed under the Congressional Review Act as of February 2025. It also shows the 17 CRA resolutions that were vetoed and failed to repeal rules:[5][9][10][11]

Federal agency rules challenged under the Congressional Review Act that passed both chambers
President Action date Title of disapproved rule Issuing agency or department Presidential action
George W. Bush (R) March 20, 2001 Ergonomics Program[12] Occupational Safety and Health Administration (Department of Labor) Signed into law
Barack Obama (D) March 31, 2015 Representation-Case Procedures[13] National Labor Relations Board Vetoed
Barack Obama (D) December 18, 2015 Standards of Performance for Greenhouse Gas Emissions from New, Modified, and Reconstructed Stationary Sources: Electric Utility Generating Units[14] U.S. Environmental Protection Agency (EPA) Vetoed
Barack Obama (D) December 18, 2015 Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units[15] U.S. Environmental Protection Agency (EPA) Vetoed
Barack Obama (D) January 20, 2016 Clean Water Rule: Definition of “Waters of the United States”[16] U.S. Army Corps of Engineers and U.S. Environmental Protection Agency (EPA) Vetoed
Barack Obama (D) June 8, 2016 Definition of the Term “Fiduciary”; Conflict of Interest Rule-Retirement Investment Advice[17] Employee Benefits Security Administration (Department of Labor) Vetoed
Donald Trump (R) February 14, 2017 Disclosure of Payments by Resource Extraction Issuers[18] Securities and Exchange Commission Signed into law
Donald Trump (R) February 16, 2017 Stream Protection Rule[19] Department of the Interior Signed into law
Donald Trump (R) February 28, 2017 Implementation of the NICS Improvement Amendments Act of 2007[20] Social Security Administration Signed into law
Donald Trump (R) March 27, 2017 Federal Acquisition Regulation: Fair Pay and Safe Workplaces[21] Department of Defense and General Services Administration Signed into law
Donald Trump (R) March 27, 2017 Resource Management Planning[22] Bureau of Land Management (Department of the Interior) Signed into law
Donald Trump (R) March 27, 2017 Accountability and State Plans[23] Department of Education Signed into law
Donald Trump (R) March 27, 2017 Teacher Preparation Issues[24] Department of Education Signed into law
Donald Trump (R) March 31, 2017 Federal-State Unemployment Compensation Program; Middle Class Tax Relief and Job Creation Act of 2012 Provision on Establishing Appropriate Occupations for Drug Testing of Unemployment Compensation Applicants[25] Employment and Training Administration (Department of Labor) Signed into law
Donald Trump (R) April 3, 2017 Non-subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska[26] U.S. Fish and Wildlife Service (Department of the Interior) Signed into law
Donald Trump (R) April 3, 2017 Clarification of Employer's Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness[27] Occupational Safety and Health Administration (Department of Labor) Signed into law
Donald Trump (R) April 3, 2017 Protecting the Privacy of Customers of Broadband and Other Telecommunications Services[28] Federal Communications Commission Signed into law
Donald Trump (R) April 13, 2017 Compliance with Title X Requirements by Project Recipients in Selecting Subrecipients[29] Department of Health and Human Services Signed into law
Donald Trump (R) April 13, 2017 Savings Arrangements Established by State Political Subdivisions for Non-Governmental Employees[30] Department of Labor Signed into law
Donald Trump (R) May 17, 2017 Savings Arrangements Established by States for Non-Governmental Employees[31] Department of Labor Signed into law
Donald Trump (R) November 1, 2017 Arbitration Agreements[32] Consumer Financial Protection Bureau Signed into law
Donald Trump (R) May 21, 2018 Indirect Auto Lending and Compliance with the Equal Credit Opportunity Act[33] Consumer Financial Protection Bureau Signed into law
Donald Trump (R) May 29, 2020 Student Assistance General Provisions, Federal Family Education Loan Program, and William D. Ford Federal Direct Loan Program[34] U.S. Department of Education Vetoed
Joe Biden (D) June 30, 2021 Update of Commission's Conciliation Procedures[35] Equal Employment Opportunity Commission Signed into law
Joe Biden (D) June 30, 2021 Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review[36] Environmental Protection Agency Signed into law
Joe Biden (D) June 30, 2021 National Banks and Federal Savings Associations as Lenders[37] Office of the Comptroller of the Currency Signed into law
Joe Biden (D) March 20, 2023 Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights[38] Employee Benefits Security Administration (U.S. Department of Labor) Vetoed
Joe Biden (D) April 6, 2023 Revised Definition of "Waters of the United States"[39] U.S. Army Corps of Engineers and U.S. Environmental Protection Agency (EPA) Vetoed
Joe Biden (D) May 16, 2023 Procedures Covering Suspension of Liquidation, Duties and Estimated Duties in Accord With Presidential Proclamation 10414[40] International Trade Administration (U.S. Department of Commerce) Vetoed
Joe Biden (D) June 7, 2023 Federal Student Aid Programs (Federal Perkins Loan Program, Federal Family Education Loan Program, and William D. Ford Federal Direct Loan Program)[41] U.S. Department of Education Vetoed
Joe Biden (D) June 14, 2023 Control of Air Pollution From New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards[42] U.S. Environmental Protection Agency Vetoed
Joe Biden (D) September 26, 2023 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[43] U.S. Fish and Wildlife Service (U.S. Department of the Interior) Vetoed
Joe Biden (D) September 26, 2023 Endangered and Threatened Wildlife and Plants; Endangered Species Status for Northern Long-Eared Bat[44] U.S. Fish and Wildlife Service (U.S. Department of the Interior) Vetoed
Joe Biden (D) December 19, 2023 Small Business Lending Under the Equal Credit Opportunity Act (Regulation B)[45] Consumer Financial Protection Bureau Vetoed
Joe Biden (D) January 24, 2024 Waiver of Buy America Requirements for Electric Vehicle Chargers[46] U.S. Federal Highway Administration (U.S. Department of Transportation) Vetoed
Joe Biden (D) May 3, 2024 Standard for Determining Joint Employer Status[47] National Labor Relations Board Vetoed
Joe Biden (D) May 31, 2024 Staff Accounting Bulletin No. 121[48] Securities and Exchange Commission Vetoed

See also

Footnotes

  1. 1.0 1.1 1.2 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 Smithsonian Magazine, "What Is the Congressional Review Act?" February 10, 2017
  4. Quartz, "The obscure law Donald Trump will use to unwind Obama's regulations," December 1, 2016
  5. 5.0 5.1 George Washington University Regulatory Studies Center, "Congressional Review Act Tracker 2017," accessed July 28, 2017
  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. New York Times, "Which Obama-Era Rules Are Being Reversed in the Trump Era," May 18, 2017
  8. Congress.gov, "S.J.Res.57," accessed May 22, 2018
  9. Government Accountability Office, "Congressional Review Act FAQs," accessed July 31, 2017
  10. Reuters, "Trump kills class-action rule against banks, lightening Wall Street regulation," November 1, 2017
  11. Congress.gov, "S.J.Res.57," accessed May 22, 2018
  12. Regulations.gov, "Ergonomics Program," accessed August 1, 2017
  13. Federal Register, "Representation-Case Procedures," November 26, 2024
  14. Federal Register, "Standards of Performance for Greenhouse Gas Emissions From New, Modified, and Reconstructed Stationary Sources: Electric Utility Generating Units," November 26, 2024
  15. Federal Register, "Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units," November 26, 2024
  16. Federal Register, "Clean Water Rule: Definition of “Waters of the United States"," November 26, 2024
  17. Federal Register, "Definition of the Term “Fiduciary”; Conflict of Interest Rule-Retirement Investment Advice," November 26, 2024
  18. Regulations.gov, "Disclosure of Payments by Resource Extraction Issuers," accessed July 31, 2017
  19. Regulations.gov, "Stream Protection Rule," accessed July 31, 2017
  20. Regulations.gov, "Implementation of the NCIS Improvement Amendments Act of 2007," accessed July 31, 2017
  21. Regulations.gov, "Federal Acquisition Regulation: Fair Pay and Safe Workplaces," accessed August 1, 2017
  22. Regulations.gov, "Resource Management Planning," accessed July 31, 2017
  23. Regulations.gov, "Accountability and State Plans," accessed July 31, 2017
  24. Regulations.gov, "Teacher Preparation Issues," accessed July 31, 2017
  25. Regulations.gov, "Federal-State Unemployment Compensation Program," accessed July 31, 2017
  26. Regulations.gov, "Non-subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska," accessed July 31, 2017
  27. Regulations.gov, "Clarification of Employer's Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness," accessed July 31, 2017
  28. Regulations.gov, "Protecting the Privacy of Customers of Broadband and Other Telecommunications Services," accessed July 31, 2017
  29. Regulations.gov, "Compliance with Title X Requirements by Project Recipients in Selecting Subrecipients," accessed July 31, 2017
  30. Regulations.gov, "Savings Arrangements Established by State Political Subdivisions for Non-Governmental Employees," accessed July 31, 2017
  31. Regulations.gov, "Savings Arrangements Established by States for Non-Governmental Employees," accessed July 31, 2017
  32. Regulations.gov, "Arbitration Agreements," accessed November 1, 2017
  33. Consumer Financial Protection Bureau, "CFPB Bulletin 2013-02," March 21, 2013
  34. Federal Register, "Student Assistance General Provisions, Federal Family Education Loan Program, and William D. Ford Federal Direct Loan Program," November 26, 2023
  35. Federal Register, "86 FR 2974, Update of Commission's Conciliation Procedures," January 14, 2021
  36. Federal Register, "85 FR 57018, "Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review," September 14, 2020
  37. Federal Register, "85 FR 68742," October 30, 2020
  38. Federal Register, "Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights," November 26, 2024
  39. Federal Register, "Revised Definition of "Waters of the United States," November 26, 2024
  40. Federal Register, "Procedures Covering Suspension of Liquidation, Duties and Estimated Duties in Accord With Presidential Proclamation 10414," November 26, 2024
  41. Federal Register, "Federal Student Aid Programs (Federal Perkins Loan Program, Federal Family Education Loan Program, and William D. Ford Federal Direct Loan Program)," November 26, 2024
  42. Federal Register, "Control of Air Pollution From New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards," November 26, 2024
  43. Federal Register, "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," November 26, 2024
  44. Federal Register, "Endangered and Threatened Wildlife and Plants; Endangered Species Status for Northern Long-Eared Bat," November 26, 2024
  45. Federal Register, "Small Business Lending Under the Equal Credit Opportunity Act (Regulation B)," November 26, 2024
  46. Federal Register, "Waiver of Buy America Requirements for Electric Vehicle Chargers," November 26, 2024
  47. Federal Register, "Standard for Determining Joint Employer Status," November 26, 2024
  48. Federal Register, "Staff Accounting Bulletin No. 121," November 26, 2024