Congressional Review Act Resolutions a Success

Three of the five bills signed into law are resolutions of disapproval on Biden-era regulations through the Congressional Review Act (CRA) -- a powerful tool largely only available when one party controls both chambers and the White House. 

The CRA includes a fast-track process, which has reversed 20 regulations since the 115th Congress. According to the Congressional Research Service, a “rule that is the subject of an enacted CRA joint resolution of disapproval goes out of effect immediately if the rule has already taken effect when the resolution of disapproval is enacted and ‘shall be treated as though such rule had never taken effect.’”  If the rule has not yet gone into effect when the resolution of disapproval is enacted, it will not take effect.

This is a significant power that was leveraged early in the 119th Congress, with plenty of additional CRA resolutions waiting to be considered. Once a CRA resolution is signed into law, the rule cannot simply be reinstated during a new administration; it will have to be substantially different from the previous rule. 

These CRA resolutions -- and more likely on the horizon-- are part of a policy agenda that does not rely on Democratic votes and is closely aligned with the Trump White House, which prioritized regulatory reform and unwinding policies developed under President Biden.  While there are some limitations on using the CRA (timing being the most significant one), Republicans will continue this effort and have clearly built strong Republican support thus far.