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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.

AGENCYRULE TITLEREGULATION IDENITIFICATION NUMBER (RIN)DATE FINALIZED
National Labor Relations BoardRepresentation-Case Procedures: Election Bars; Proof of Majority Support in Construction Industry Collective-Bargaining Relationships3142-AA228/1/2024
Agency for International DevelopmentUSAID Assistance Regulation: Plain Language and Conforming Revisions0412-AB128/2/2024
Nuclear Regulatory CommissionList of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Renewed Amendment No. 163150-AL088/6/2024
Nuclear Regulatory CommissionRenewing Nuclear Power Plant Operating Licenses-Environmental Review3150-AK328/6/2024
Consumer Financial Protection BureauQuality Control Standards for Automated Valuation Models3170-AA578/7/2024
Federal Deposit Insurance CorporationFair Hiring in Banking Act3064-AF928/7/2024
Federal Deposit Insurance CorporationQuality Control Standards for Automated Valuation Models3064-AE688/7/2024
Federal Housing Finance AgencyQuality Control Standards for Automated Valuation Models2590-AA628/7/2024
Architectural and Transportation Barriers Compliance BoardAccessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way3014-AA268/8/2024
Commodity Futures Trading CommissionForeign Boards of Trade3038-AF378/15/2024
Federal Trade CommissionHorseracing Integrity and Safety Authority Oversight3084-AB798/16/2024
Selective Service SystemFreedom of Information Act Regulations3240-AA038/16/2024
Office of Personnel ManagementPrevailing Rate Systems; Redefinition of the Arapahoe-Denver, Colorado, Nonappropriated Fund Federal Wage System Wage Area3206-AO678/21/2024
Federal Trade CommissionTrade Regulation Rule on the Use of Consumer Reviews and Testimonials3084-AB768/22/2024
Nuclear Regulatory CommissionAdministrative Changes to Agency Rules of Practice and Procedure3150-AL098/22/2024
Office of Personnel ManagementPrevailing Rate Systems; Abolishment of Frederick, Maryland, as a Nonappropriated Fund Federal Wage System Wage Area3206-AO688/22/2024
Small Business AdministrationBusiness Loan Program Temporary Changes; Paycheck Protection Program-Extension of Lender Records Retention Requirements3245-AI178/23/2024
TreasuryAnti-Money Laundering Regulations for Residential Real Estate Transfers1506-AB548/29/2024
Corporation for National and Community ServiceAmeriCorps Seniors Regulation Updates3045-AA818/30/2024
Health and Human ServicesProhibition of Sale of Tobacco Products to Persons Younger Than 21 Years of Age0910-AI518/30/2024
Nuclear Regulatory CommissionAmerican Society of Mechanical Engineers 2021-2022 Code Editions3150-AK218/30/2024
Commodity Futures Trading CommissionIncorporation of Changes in the Commission's Administrative Structure, Remove Superfluous Verbiage, and Correct Inaccurate Text3038-AF099/4/2024
TreasuryFinancial 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 Advisers1506–AB589/4/2024
Defense Nuclear Facilities Safety BoardFreedom of Information Act: Revised Fee Schedule3155-AA039/10/2024
Environmental Protection AgencyReview of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act2060-AV209/10/2024
Securities and Exchange CommissionOpen-End Fund Liquidity Risk Management Programs and Swing Pricing; Form N–PORT Reporting3235-AM989/11/2024
Office of Government EthicsPost-Employment Conflict of Interest Restrictions; Revision of Departmental Component Designations3209-AA599/12/2024
Railroad Retirement BoardEvidence of Disability3220-AB689/25/2024
Commodity Futures Trading CommissionCommodity 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 Amendments3038-AF259/26/2024
Health and Human ServicesMisclassification of Drugs, Program Administration and Program Integrity Updates Under the Medicaid Drug Rebate Program (CMS-2434)0938-AU289/26/2024
Small Business Administration504 Debt Refinancing3245-AI1510/1/2024
Securities and Exchange CommissionRegulation NMS: Minimum Pricing Increments, Access Fees, and Transparency of Better Priced Orders3235-AN2310/8/2024
Consumer Product Safety CommissionSafety Standard for Infant Bath SeatsN/A10/9/2024
Office of Management and BudgetFundamental Responsibilities of Recognized Statistical Agencies and Units0348-AB8110/11/2024
Commodity Futures Trading CommissionCommission Guidance Regarding the Listing of Voluntary Carbon Credit Derivative Contracts3038-AF4010/15/2024
Office of Personnel ManagementPostal Service Health Benefits Program: Additional Requirements and Clarifications3206-AO5910/24/2024
Consumer Product Safety CommissionSafety Standard for Nursing Pillows3041-AD9910/25/2024
InteriorOuter Continental Shelf Lands Act; Operating in High-Pressure and/or High-Temperature (HPHT) Environments1014-AA4910/25/2024
Corporation for National and Community ServiceProtection of Human Subjects3045-AA6010/29/2024
Environmental Protection AgencyNational Primary Drinking Water Regulations for Lead and Copper: Improvements (LCRI)2040-AG1610/30/2024
InteriorEndangered and Threatened Wildlife and Plants; Threatened Species Status With a Section 4(d) Rule for Ocmulgee Skullcap and Designation of Critical Habitat1018-BE0110/30/2024
Consumer Product Safety CommissionSafety Standard for Infant Support Cushions3041-AD8911/4/2024
Commodity Futures Trading CommissionProvisions Common to Registered Entities3038-AF2811/7/2024
Consumer Product Safety CommissionImplementation of the National Suicide Hotline Act of 2018N/A11/12/2024
Environmental Protection AgencyReconsideration of the Dust-Lead Hazard Standards and Dust-Lead Post Abatement Clearance Levels2070-AK9111/12/2024
Federal Trade CommissionPremerger Notification; Reporting and Waiting Period Requirements3084-AB4611/12/2024
Federal Communications CommissionAchieving 100% Wireless Handset Model Hearing Aid CompatibilityN/A11/13/2024
AgricultureEmployment and Training Program Monitoring, Oversight and Reporting Measures0584-AE3311/18/2024
Consumer Financial Protection BureauRequired Rulemaking on Personal Financial Data Rights3170-AA7811/18/2024
Environmental Protection AgencyMethane Emissions and Waste Reduction Incentive Program for Petroleum and Natural Gas Systems2060-AW0211/18/2024
AgricultureRevision of the Nutrition Facts Labels for Meat and Poultry Products and Updating Certain Reference Amounts Customarily Consumed0583-AD56Pending
AgricultureOil and Gas Resource Revision0596-AD33Pending
CommerceDesignation of Marine Critical Habitat for Six Distinct Population Segments of Green Sea Turtles Under the Endangered Species Act0648-BL82Pending
CommerceDesignation of Critical Habitat for Rice's Whale Under the Endangered Species Act0648-BL86Pending
CommerceNorth Atlantic Right Whale Vessel Strike Reduction Rule0648-BI88Pending
Consumer Financial Protection Bureau (CFPB)Defining Larger Participants of a Market for General-Use Digital Consumer Payment Applications3170-AB17Pending
Consumer Product Safety CommissionPortable Generators3041-AC36Pending
Council on Environmental QualityNational Environmental Policy Act Guidance on Consideration of Greenhouse Gas Emissions and Climate Change0331-AA06Pending
EducationPublic Service Loan Forgiveness – Employer Eligibility1840-AD91Pending
EnergyEnergy Conservation Standards for Battery Chargers1904-AE50Pending
EnergyEnergy Conservation Standards for Consumer Boilers1904-AE82Pending
EnergyEnergy Conservation Standards for Ceiling Fans1904-AE99Pending
Environmental Protection AgencyClean Water Act Section 404 Tribal and State Program Regulation2040-AF83Pending
Environmental Protection AgencyHazardous and Solid Waste Management System: Disposal of CCR; A Holistic Approach to Closure Part B: Implementation of Closure2050-AH18Pending
Environmental Protection AgencyStandards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Other Solid Waste Incineration Units Review2060-AU60Pending
Environmental Protection AgencyNational Perchloroethylene Air Emission Standards for Dry Cleaning Facilities2060-AV44Pending
Environmental Protection AgencyUpdates to New Chemicals Regulations Under the Toxic Substances Control Act (TSCA)2070-AK65Pending
Environmental Protection AgencyFlame Retardants; Significant New Use Rules for Certain Non-ongoing Uses2070-AL07Pending
Environmental Protection AgencyPerchloroethylene (PCE); Regulation Under the Toxic Substances Control Act (TSCA)2070-AK84Pending
Health and Human ServicesCoverage of Certain Preventive Services Under the Affordable Care Act (CMS-9903)0938-AU94Pending
Health and Human ServicesRequirements for Tobacco Product Manufacturing Practice0910-AH91Pending
Health and Human ServicesTobacco Product Standard for Characterizing Flavors in Cigars0910-AI28Pending
Health and Human ServicesTobacco Product Standard for Menthol in Cigarettes0910-AI60Pending
Health and Human ServicesAdministrative Simplification: Adoption of Standards for Health Care Attachment Transactions and Electronic Signatures, and Modification to Referral Certification and Authorization Standard (CMS-0053)0938-AT38Pending
Health and Human ServicesNutrient Content Claims, Definition of Term: Healthy0910-AI13Pending
Health and Human ServicesUse of Salt Substitutes to Reduce the Sodium Content in Standardized Foods0910-AI72Pending
Homeland SecurityProcedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers1615-AC67Pending
Housing and Urban DevelopmentAffirmatively Furthering Fair Housing (FR-6250)2529-AB05Pending
InteriorMigratory Bird Management; Revision of General Exceptions to Permit Requirements1018-BC76Pending
InteriorEndangered and Threatened Wildlife and Plants; Threatened Species Status for the Kern Canyon Slender Salamander; Endangered Species Status for the Relictual Slender Salamander; Critical Habitat1018-BF83Pending
InteriorEndangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Brawleys Fork Crayfish and Critical Habitat Designation1018-BG18Pending
InteriorEndangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Florida Keys Mole Skink and Designation of Critical Habitat1018-BG24Pending
JusticeProcedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal and CAT Protection Claims by Asylum Officers1125-AB20Pending
LaborOccupational Exposure to COVID-19 in Healthcare Settings1218-AD36Pending
National Credit Union AdministrationOverdraft Policy3133-AF20Pending
Office of Personnel ManagementElijah E. Cummings Federal Employee Anti-Discrimination Act of 20203206-AO26Pending
Securities and Exchange CommissionClearing Agency Governance3235-AK74Pending
Securities and Exchange CommissionClearing Agency Governance3235-AK74Pending
Securities and Exchange CommissionOrder Competition Rule3235-AM57Pending
Securities and Exchange CommissionEnhanced Disclosures by Certain Investment Advisers and Investment Companies about Environmental, Social, and Governance Investment Practices3235-AM96Pending
Securities and Exchange CommissionOutsourcing by Investment Advisers3235-AN18Pending
Securities and Exchange CommissionRegulation Best Execution3235-AN24Pending
StateVisas: Documentation of Immigrants Under the Immigration and Nationality Act, as Amended; Personal Appearance Waiver for Immigrant Visa Applicants1400-AF31Pending
StatePilot Program to Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens1400-AF79Pending
TransportationTanker Security Program2133-AB95Pending
TransportationAutomatic Emergency Braking Systems2126-AC49Pending
TransportationHeavy Vehicle Automatic Emergency Braking2127-AM36Pending
TreasuryEmergency Capital Investment Program--Restrictions on Executive Compensation, Share Buybacks, and Dividends1505-AC76Pending