Congressional Review Act Carryover Period Likely to End in May 2025
WASHINGTON, D.C. – The Congressional Review Act (CRA) carryover period, the window during which the next Congress can target Biden administration regulations for repeal using the CRA’s expedited procedures, is likely to end on May 12, 2025, Public Citizen announced today.
“Mark the date. May 12, 2025 is likely the last day corporations can rely on their congressional allies to use the CRA to override the important regulatory protections – defending workers’ right to unionize, advancing public health, cracking down on racial discrimination, protecting consumer safety, and more – issued in the final months of the Biden administration,” said Robert Weissman, co-president of Public Citizen.
Public Citizen found that at least 50 rules, issued toward the end of the Biden administration’s term, are vulnerable to repeal and likely to be targeted.
Public Citizen calculated the duration of the carryover period using the recently released Senate work calendar for 2025. Beginning after the 15th legislative session day, the CRA’s carryover period gives Congress 60 legislative session days to target Biden administration rules. The May 12 end date for the carryover period could be revised depending on the number of days the Senate actually gavels-in for work and whether Trump tries to force the Senate into recess to get his appointees through.
The CRA allows Congress by simple majority vote in both chambers with limited debate, no possibility of a filibuster, and the president’s signature to overturn recently issued regulations. The agency is then prohibited from issuing a new rule that is “substantially the same,” though the scope of this prohibition has never been tested in court.
The CRA carryover period in Trump’s first term ended on May 11, 2017 (one day earlier than the current projection for 2025), and 14 Obama-era rules were struck down during that window.