Congressional Review Act Targets in the 119th Congress
Biden Administration Rules at Risk of Repeal
The rules listed below are potential targets for Congressional Review Act (CRA) resolutions of disapproval in the 119th Congress beginning in January 2025.
Under the CRA, both chambers of Congress, by a simple majority vote with no possibility of a filibuster, can overturn regulations recently issued by a federal agencies. If both the House and the Senate pass a resolution of disapproval and the president signs it, the regulation is overturned and has no effect.
Crucially, the CRA also includes a lookback period. Rules published in the final months of an outgoing presidential administration may be targeted for repeal by the next Congress.
The rules below fall into one of two categories: 1) They were finalized during the lookback period, or 2) They would be subject to the CRA if finalized before the end of President Biden’s term.
While the 118th Congress is still in session, the lookback date cannot be calculated. However, the Congressional Research Service predicts that rules issued on or after August 1, 2024 could be subject to the CRA and are at risk of being overturned in the next Congress. A lookback date of August 1 was used to identify rules to include in this list.
This list was generated through a search of the Unified Agenda of Regulatory and Deregulatory Actions and the Federal Register, and will be updated periodically as rules are finalized.
To flag new developments that should be reflected in this tracker, please contact Elizabeth Skerry at eskerry@citizen.org.
| AGENCY | RULE TITLE | REGULATION IDENITIFICATION NUMBER (RIN) | DATE FINALIZED |
|---|---|---|---|
| National Labor Relations Board | Representation-Case Procedures: Election Bars; Proof of Majority Support in Construction Industry Collective-Bargaining Relationships | 3142-AA22 | 8/1/2024 |
| Agency for International Development | USAID Assistance Regulation: Plain Language and Conforming Revisions | 0412-AB12 | 8/2/2024 |
| Nuclear Regulatory Commission | List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Renewed Amendment No. 16 | 3150-AL08 | 8/6/2024 |
| Nuclear Regulatory Commission | Renewing Nuclear Power Plant Operating Licenses-Environmental Review | 3150-AK32 | 8/6/2024 |
| Consumer Financial Protection Bureau | Quality Control Standards for Automated Valuation Models | 3170-AA57 | 8/7/2024 |
| Federal Deposit Insurance Corporation | Fair Hiring in Banking Act | 3064-AF92 | 8/7/2024 |
| Federal Deposit Insurance Corporation | Quality Control Standards for Automated Valuation Models | 3064-AE68 | 8/7/2024 |
| Federal Housing Finance Agency | Quality Control Standards for Automated Valuation Models | 2590-AA62 | 8/7/2024 |
| Architectural and Transportation Barriers Compliance Board | Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way | 3014-AA26 | 8/8/2024 |
| Commodity Futures Trading Commission | Foreign Boards of Trade | 3038-AF37 | 8/15/2024 |
| Federal Trade Commission | Horseracing Integrity and Safety Authority Oversight | 3084-AB79 | 8/16/2024 |
| Selective Service System | Freedom of Information Act Regulations | 3240-AA03 | 8/16/2024 |
| Office of Personnel Management | Prevailing Rate Systems; Redefinition of the Arapahoe-Denver, Colorado, Nonappropriated Fund Federal Wage System Wage Area | 3206-AO67 | 8/21/2024 |
| Federal Trade Commission | Trade Regulation Rule on the Use of Consumer Reviews and Testimonials | 3084-AB76 | 8/22/2024 |
| Nuclear Regulatory Commission | Administrative Changes to Agency Rules of Practice and Procedure | 3150-AL09 | 8/22/2024 |
| Office of Personnel Management | Prevailing Rate Systems; Abolishment of Frederick, Maryland, as a Nonappropriated Fund Federal Wage System Wage Area | 3206-AO68 | 8/22/2024 |
| Small Business Administration | Business Loan Program Temporary Changes; Paycheck Protection Program-Extension of Lender Records Retention Requirements | 3245-AI17 | 8/23/2024 |
| Treasury | Anti-Money Laundering Regulations for Residential Real Estate Transfers | 1506-AB54 | 8/29/2024 |
| Corporation for National and Community Service | AmeriCorps Seniors Regulation Updates | 3045-AA81 | 8/30/2024 |
| Health and Human Services | Prohibition of Sale of Tobacco Products to Persons Younger Than 21 Years of Age | 0910-AI51 | 8/30/2024 |
| Nuclear Regulatory Commission | American Society of Mechanical Engineers 2021-2022 Code Editions | 3150-AK21 | 8/30/2024 |
| Commodity Futures Trading Commission | Incorporation of Changes in the Commission's Administrative Structure, Remove Superfluous Verbiage, and Correct Inaccurate Text | 3038-AF09 | 9/4/2024 |
| Treasury | Financial Crimes Enforcement Network: Anti-Money Laundering/Countering the Financing of Terrorism Program and Suspicious Activity Report Filing Requirements for Registered Investment Advisers and Exempt Reporting Advisers | 1506–AB58 | 9/4/2024 |
| Defense Nuclear Facilities Safety Board | Freedom of Information Act: Revised Fee Schedule | 3155-AA03 | 9/10/2024 |
| Environmental Protection Agency | Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act | 2060-AV20 | 9/10/2024 |
| Securities and Exchange Commission | Open-End Fund Liquidity Risk Management Programs and Swing Pricing; Form N–PORT Reporting | 3235-AM98 | 9/11/2024 |
| Office of Government Ethics | Post-Employment Conflict of Interest Restrictions; Revision of Departmental Component Designations | 3209-AA59 | 9/12/2024 |
| Railroad Retirement Board | Evidence of Disability | 3220-AB68 | 9/25/2024 |
| Commodity Futures Trading Commission | Commodity Pool Operators, Commodity Trading Advisors, and Commodity Pools Operated: Updating the `Qualified Eligible Person' Definition; Adding Minimum Disclosure Requirements for Pools and Trading Programs; Permitting Monthly Account Statements for Funds of Funds; Technical Amendments | 3038-AF25 | 9/26/2024 |
| Health and Human Services | Misclassification of Drugs, Program Administration and Program Integrity Updates Under the Medicaid Drug Rebate Program (CMS-2434) | 0938-AU28 | 9/26/2024 |
| Energy | Energy Conservation Program: Energy Conservation Standards for Miscellaneous Refrigeration Products | 1904-AF62 | 9/30/2024 |
| Small Business Administration | 504 Debt Refinancing | 3245-AI15 | 10/1/2024 |
| Securities and Exchange Commission | Regulation NMS: Minimum Pricing Increments, Access Fees, and Transparency of Better Priced Orders | 3235-AN23 | 10/8/2024 |
| Consumer Product Safety Commission | Safety Standard for Infant Bath Seats | N/A | 10/9/2024 |
| Office of Management and Budget | Fundamental Responsibilities of Recognized Statistical Agencies and Units | 0348-AB81 | 10/11/2024 |
| Commodity Futures Trading Commission | Commission Guidance Regarding the Listing of Voluntary Carbon Credit Derivative Contracts | 3038-AF40 | 10/15/2024 |
| Office of Personnel Management | Postal Service Health Benefits Program: Additional Requirements and Clarifications | 3206-AO59 | 10/24/2024 |
| Consumer Product Safety Commission | Safety Standard for Nursing Pillows | 3041-AD99 | 10/25/2024 |
| Interior | Outer Continental Shelf Lands Act; Operating in High-Pressure and/or High-Temperature (HPHT) Environments | 1014-AA49 | 10/25/2024 |
| Corporation for National and Community Service | Protection of Human Subjects | 3045-AA60 | 10/29/2024 |
| Environmental Protection Agency | National Primary Drinking Water Regulations for Lead and Copper: Improvements (LCRI) | 2040-AG16 | 10/30/2024 |
| Interior | Endangered and Threatened Wildlife and Plants; Threatened Species Status With a Section 4(d) Rule for Ocmulgee Skullcap and Designation of Critical Habitat | 1018-BE01 | 10/30/2024 |
| Consumer Product Safety Commission | Safety Standard for Infant Support Cushions | 3041-AD89 | 11/4/2024 |
| Commodity Futures Trading Commission | Provisions Common to Registered Entities | 3038-AF28 | 11/7/2024 |
| Consumer Product Safety Commission | Implementation of the National Suicide Hotline Act of 2018 | N/A | 11/12/2024 |
| Environmental Protection Agency | Reconsideration of the Dust-Lead Hazard Standards and Dust-Lead Post Abatement Clearance Levels | 2070-AK91 | 11/12/2024 |
| Federal Trade Commission | Premerger Notification; Reporting and Waiting Period Requirements | 3084-AB46 | 11/12/2024 |
| Federal Communications Commission | Achieving 100% Wireless Handset Model Hearing Aid Compatibility | N/A | 11/13/2024 |
| Agriculture | Employment and Training Program Monitoring, Oversight and Reporting Measures | 0584-AE33 | 11/18/2024 |
| Consumer Financial Protection Bureau | Required Rulemaking on Personal Financial Data Rights | 3170-AA78 | 11/18/2024 |
| Environmental Protection Agency | Methane Emissions and Waste Reduction Incentive Program for Petroleum and Natural Gas Systems | 2060-AW02 | 11/18/2024 |
| Agriculture | Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Implementation of the Access to Baby Formula Act of 2022 and Related Provisions | 0583-AE94 | Pending |
| Agriculture | Revision of the Nutrition Facts Labels for Meat and Poultry Products and Updating Certain Reference Amounts Customarily Consumed | 0583-AD56 | Pending |
| Agriculture | Oil and Gas Resource Revision | 0596-AD33 | Pending |
| Commerce | Designation of Marine Critical Habitat for Six Distinct Population Segments of Green Sea Turtles Under the Endangered Species Act | 0648-BL82 | Pending |
| Commerce | Designation of Critical Habitat for Rice's Whale Under the Endangered Species Act | 0648-BL86 | Pending |
| Commerce | North Atlantic Right Whale Vessel Strike Reduction Rule | 0648-BI88 | Pending |
| Consumer Financial Protection Bureau (CFPB) | Defining Larger Participants of a Market for General-Use Digital Consumer Payment Applications | 3170-AB17 | Pending |
| Consumer Product Safety Commission | Portable Generators | 3041-AC36 | Pending |
| Council on Environmental Quality | National Environmental Policy Act Guidance on Consideration of Greenhouse Gas Emissions and Climate Change | 0331-AA06 | Pending |
| Education | Public Service Loan Forgiveness – Employer Eligibility | 1840-AD91 | Pending |
| Energy | Energy Conservation Standards for Consumer Clothes Washers | 1904-AD98 | Pending |
| Energy | Energy Conservation Standards for Clothes Dryers | 1904-AD99 | Pending |
| Energy | Energy Conservation Standards for Dishwashers | 1904-AE32 | Pending |
| Energy | Energy Conservation Standards for Battery Chargers | 1904-AE50 | Pending |
| Energy | Energy Conservation Standards for Consumer Boilers | 1904-AE82 | Pending |
| Energy | Energy Conservation Standards for Ceiling Fans | 1904-AE99 | Pending |
| Energy | Energy Conservation Standards for Miscellaneous Residential Refrigeration | 1904-AF00 | Pending |
| Environmental Protection Agency | Clean Water Act Section 404 Tribal and State Program Regulation | 2040-AF83 | Pending |
| Environmental Protection Agency | Hazardous and Solid Waste Management System: Disposal of CCR; A Holistic Approach to Closure Part B: Implementation of Closure | 2050-AH18 | Pending |
| Environmental Protection Agency | Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Other Solid Waste Incineration Units Review | 2060-AU60 | Pending |
| Environmental Protection Agency | National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities | 2060-AV44 | Pending |
| Environmental Protection Agency | Updates to New Chemicals Regulations Under the Toxic Substances Control Act (TSCA) | 2070-AK65 | Pending |
| Environmental Protection Agency | Flame Retardants; Significant New Use Rules for Certain Non-ongoing Uses | 2070-AL07 | Pending |
| Environmental Protection Agency | Perchloroethylene (PCE); Regulation Under the Toxic Substances Control Act (TSCA) | 2070-AK84 | Pending |
| Health and Human Services | Coverage of Certain Preventive Services Under the Affordable Care Act (CMS-9903) | 0938-AU94 | Pending |
| Health and Human Services | Requirements for Tobacco Product Manufacturing Practice | 0910-AH91 | Pending |
| Health and Human Services | Tobacco Product Standard for Characterizing Flavors in Cigars | 0910-AI28 | Pending |
| Health and Human Services | Tobacco Product Standard for Menthol in Cigarettes | 0910-AI60 | Pending |
| Health and Human Services | Administrative Simplification: Adoption of Standards for Health Care Attachment Transactions and Electronic Signatures, and Modification to Referral Certification and Authorization Standard (CMS-0053) | 0938-AT38 | Pending |
| Health and Human Services | Nutrient Content Claims, Definition of Term: Healthy | 0910-AI13 | Pending |
| Health and Human Services | Use of Salt Substitutes to Reduce the Sodium Content in Standardized Foods | 0910-AI72 | Pending |
| Homeland Security | Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers | 1615-AC67 | Pending |
| Housing and Urban Development | Adoption of Energy Efficiency Standards for New Construction of HUD- and USDA-Assisted Housing (FR-6271) | 2506-AC55 | Pending |
| Housing and Urban Development | Affirmatively Furthering Fair Housing (FR-6250) | 2529-AB05 | Pending |
| Interior | Migratory Bird Management; Revision of General Exceptions to Permit Requirements | 1018-BC76 | Pending |
| Interior | Endangered and Threatened Wildlife and Plants; Threatened Species Status for the Kern Canyon Slender Salamander; Endangered Species Status for the Relictual Slender Salamander; Critical Habitat | 1018-BF83 | Pending |
| Interior | Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Brawleys Fork Crayfish and Critical Habitat Designation | 1018-BG18 | Pending |
| Interior | Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Florida Keys Mole Skink and Designation of Critical Habitat | 1018-BG24 | Pending |
| Justice | Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal and CAT Protection Claims by Asylum Officers | 1125-AB20 | Pending |
| Labor | Occupational Exposure to COVID-19 in Healthcare Settings | 1218-AD36 | Pending |
| National Credit Union Administration | Overdraft Policy | 3133-AF20 | Pending |
| Office of Personnel Management | Elijah E. Cummings Federal Employee Anti-Discrimination Act of 2020 | 3206-AO26 | Pending |
| Securities and Exchange Commission | Clearing Agency Governance | 3235-AK74 | Pending |
| Securities and Exchange Commission | Clearing Agency Governance | 3235-AK74 | Pending |
| Securities and Exchange Commission | Order Competition Rule | 3235-AM57 | Pending |
| Securities and Exchange Commission | Enhanced Disclosures by Certain Investment Advisers and Investment Companies about Environmental, Social, and Governance Investment Practices | 3235-AM96 | Pending |
| Securities and Exchange Commission | Outsourcing by Investment Advisers | 3235-AN18 | Pending |
| Securities and Exchange Commission | Regulation Best Execution | 3235-AN24 | Pending |
| State | Visas: Documentation of Immigrants Under the Immigration and Nationality Act, as Amended; Personal Appearance Waiver for Immigrant Visa Applicants | 1400-AF31 | Pending |
| State | Pilot Program to Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens | 1400-AF79 | Pending |
| Transportation | Tanker Security Program | 2133-AB95 | Pending |
| Transportation | Automatic Emergency Braking Systems | 2126-AC49 | Pending |
| Transportation | Heavy Vehicle Automatic Emergency Braking | 2127-AM36 | Pending |
| Treasury | Emergency Capital Investment Program--Restrictions on Executive Compensation, Share Buybacks, and Dividends | 1505-AC76 | Pending |