Federal agency rules repealed under the Congressional Review Act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 2023.[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 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from Congress undoing a variety of rules issued near the end of Barack Obama's (D) presidency.[1][2][3][7] Congress repealed 16 rules using the CRA during the Trump administration.[8] On June 30, 2021, Joe Biden (D) signed three CRA resolutions into law, bringing the total number of rules repealed to 20.[6]


Below is a table showing all of the rules repealed under the Congressional Review Act as of March 2024:[5][9][10][11]

Federal agency rules repealed under the Congressional Review Act
Date repealed Title of disapproved rule Issuing agency or department
March 20, 2001 Ergonomics Program[12] Occupational Safety and Health Administration (Department of Labor)
February 14, 2017 Disclosure of Payments by Resource Extraction Issuers[13] Securities and Exchange Commission
February 16, 2017 Stream Protection Rule[14] Department of the Interior
February 28, 2017 Implementation of the NICS Improvement Amendments Act of 2007[15] Social Security Administration
March 27, 2017 Federal Acquisition Regulation: Fair Pay and Safe Workplaces[16] Department of Defense and General Services Administration
March 27, 2017 Resource Management Planning[17] Bureau of Land Management (Department of the Interior)
March 27, 2017 Accountability and State Plans[18] Department of Education
March 27, 2017 Teacher Preparation Issues[19] Department of Education
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[20] Employment and Training Administration (Department of Labor)
April 3, 2017 Non-subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska[21] U.S. Fish and Wildlife Service (Department of the Interior)
April 3, 2017 Clarification of Employer's Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness[22] Occupational Safety and Health Administration (Department of Labor)
April 3, 2017 Protecting the Privacy of Customers of Broadband and Other Telecommunications Services[23] Federal Communications Commission
April 13, 2017 Compliance with Title X Requirements by Project Recipients in Selecting Subrecipients[24] Department of Health and Human Services
April 13, 2017 Savings Arrangements Established by State Political Subdivisions for Non-Governmental Employees[25] Department of Labor
May 17, 2017 Savings Arrangements Established by States for Non-Governmental Employees[26] Department of Labor
November 1, 2017 Arbitration Agreements[27] Consumer Financial Protection Bureau
May 21, 2018 Indirect Auto Lending and Compliance with the Equal Credit Opportunity Act[28] Consumer Financial Protection Bureau
June 30, 2021 Update of Commission's Conciliation Procedures[29] Equal Employment Opportunity Commission
June 30, 2021 Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review[30] Environmental Protection Agency
June 30, 2021 National Banks and Federal Savings Associations as Lenders[31] Office of the Comptroller of the Currency

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. ↑ Regulations.gov, "Disclosure of Payments by Resource Extraction Issuers," accessed July 31, 2017
  14. ↑ Regulations.gov, "Stream Protection Rule," accessed July 31, 2017
  15. ↑ Regulations.gov, "Implementation of the NCIS Improvement Amendments Act of 2007," accessed July 31, 2017
  16. ↑ Regulations.gov, "Federal Acquisition Regulation: Fair Pay and Safe Workplaces," accessed August 1, 2017
  17. ↑ Regulations.gov, "Resource Management Planning," accessed July 31, 2017
  18. ↑ Regulations.gov, "Accountability and State Plans," accessed July 31, 2017
  19. ↑ Regulations.gov, "Teacher Preparation Issues," accessed July 31, 2017
  20. ↑ Regulations.gov, "Federal-State Unemployment Compensation Program," accessed July 31, 2017
  21. ↑ Regulations.gov, "Non-subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska," accessed July 31, 2017
  22. ↑ 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
  23. ↑ Regulations.gov, "Protecting the Privacy of Customers of Broadband and Other Telecommunications Services," accessed July 31, 2017
  24. ↑ Regulations.gov, "Compliance with Title X Requirements by Project Recipients in Selecting Subrecipients," accessed July 31, 2017
  25. ↑ Regulations.gov, "Savings Arrangements Established by State Political Subdivisions for Non-Governmental Employees," accessed July 31, 2017
  26. ↑ Regulations.gov, "Savings Arrangements Established by States for Non-Governmental Employees," accessed July 31, 2017
  27. ↑ Regulations.gov, "Arbitration Agreements," accessed November 1, 2017
  28. ↑ Consumer Financial Protection Bureau, "CFPB Bulletin 2013-02," March 21, 2013
  29. ↑ Federal Register, "86 FR 2974, Update of Commission's Conciliation Procedures," January 14, 2021
  30. ↑ Federal Register, "85 FR 57018, "Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review," September 14, 2020
  31. ↑ Federal Register, "85 FR 68742," October 30, 2020
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