Since our last update (May 6), we have seen some movement regarding Congressional Review Act (CRA) resolutions. The pace in the Senate remained high, and we have seen lawmakers try to maximize their output before the CRA cutoff date.
Four CRA resolutions received votes in the Senate:
H.J.Res.60, targeting therule submitted by the National Park Service relating to “Glen Canyon National Recreation Area: Motor Vehicles,” passed the Senate by a 50-43 vote. With this vote, the resolution cleared both chambers and it is ready to be sent to the president’s desk for his signature.
H.J.Res.61, targeting therule submitted by the Environmental Protection Agency relating to “National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing,” passed the Senate by a 55-45 vote. Similarly, this resolution also cleared both chambers and is waiting to be sent to the president.
S.J.Res.7, targeting therule submitted by the Federal Communications Commission relating to “Addressing the Homework Gap Through the E-Rate Program,” passed the Senate by a 50-38 vote and is waiting to be taken up for a vote in the House.
S.J.Res.13, targeting therule submitted by the Office of the Comptroller of the Currency of the Department of the Treasury relating to the review of applications under the Bank Merger Act, passed the Senate by a 52-47 vote and is also awaiting House action.
There were no votes on CRA resolutions in the House since our last update.
CRA cutoff date: What happens next?
Per the official calendar, we estimate that the CRA cutoff date happened on May 8. Although another calendar suggests the deadline is tomorrow, there is unlikely to be a practical difference as the Senate does not appear to have any further resolution votes scheduled. Either way, this is not the end of the story. Many additional developments can, and likely will, still happen.
There are three remaining ways in which CRA resolutions can still become law, despite the window having closed in the Senate.
If a joint resolution has already cleared both chambers but has not been sent to the president, this can still happen. Put differently, there is nothing else stopping these from becoming law, other than the lack of the president’s signature. There are currently eight resolutions in this position. Among these, half of them target energy efficiency standards, continuing the trend we have already seen in terms of energy and climate rules.
If a resolution was originally introduced in the Senate and passed, but the House has not taken it up for a vote, legislators still have time to do so. There are currently four resolutions in this position. Only three of the resolutions in this category, however, are likely to be considered since the House companion of one of the four has already become law (H.J.Res.25).
These two cases represent the most likely scenarios that can still yield CRA resolutions becoming law. There is one more pathway, but it is less likely that it will be a common occurrence.
CRA resolutions that were introduced in either chamber can still make it through regular Senate procedures, like any other bill. Once the ‘fast track’ procedure period expires, the joint resolution can still be considered, but would have to be debated under normal Senate rules. In the House, there is no deadline specified for consideration of CRA resolutions, so we infer that the House can act on a joint resolution at any point during the two-year Congress. Although this is a less likely scenario, we have seen at least one resolution (H.J.Res.25, targeting gross reporting from digital assets brokers) with sufficient bipartisan support in both chambers that would have made it possible for it to clear both chambers under normal procedures.
