Since our last update (March 10), we have crossed two important milestones regarding Congressional Review Act (CRA) resolutions: President Trump signed the first two resolutions into law, and the overall number of CRA resolutions introduced in Congress reached 60.
President Trump signed the first CRA resolutions of his second term into law
On March 14, the president signed into law:
- S.J. Res.11, targeting the Bureau of Ocean Energy Management rule relating to “Protection of Marine Archaeological Resources.” This resolution passed the Senate (54-44) and the House (221-202). This bill had a companion in the House (H.J.Res.62), but it was never taken up for consideration.
- H.J.Res.35, targeting the Environmental Protection Agency rule relating to “Waste Emissions Charge for Petroleum and Natural Gas Systems: Procedures for Facilitating Compliance, Including Netting and Exemptions.” This bill had a companion in the Senate (S.J.Res.12), but ultimately, the Senate voted on the House version of the resolution (although they are arguably identical). This resolution passed the House (220-206) and the Senate (52-47).
The repeal of these two regulations represents a big win for fossil fuel interests. S.J.Res.11 targeted a Bureau of Ocean Energy Management rule that required companies to complete an archaeological assessment before drilling, in order to protect potentially relevant historical artifacts and sites, such as shipwrecks, from damage. This move makes it easier for companies to ignore historically sensitive sites and move on to expand drilling in the Outer Continental Shelf, resulting in increased environmental damage and greenhouse gas emissions. The Department of the Interior published a press release on March 15, celebrating the repeal of the rule and highlighting the need for “offshore lease sales to be regular, predictable, and at a level that allows us to maintain energy production.”
H.J.Res.35 targeted EPA’s rule implementing a fee on methane leaks from oil and gas. In the Inflation Reduction Act, Congress directed EPA to impose and collect a fee on methane emissions from large emitters in the oil and natural gas sector. This mandate to regulate methane emissions, however, is also at risk, as Republicans are currently trying to find a way to repeal the underlying legislative mandate. A multitude of companies, trade associations, and state and local governments complained about the workability and applicability of the rule during and after the rulemaking process, and its repeal has gained praise from Republicans on the House Committee on Energy and Commerce.
Congress has already introduced 60 CRA resolutions
As of March 17, legislators have introduced 60 Congressional Review Act (CRA) resolutions, including several that were introduced before the specified time cutoffs. So far, CRA resolutions have targeted 24 federal agencies. The Environmental Protection Agency continues to be the most targeted agency, with 10 CRA resolutions targeting finalized rules, followed by the Consumer Financial Protection Bureau (7 resolutions), the Department of Energy (6 resolutions), and the Department of Homeland Security.
We have continued to see some movement around some of the resolutions. In addition to the two signed into law, there are currently six resolutions that passed the first chamber:
- H.J.Res.25, targeting an Internal Revenue Service rule relating to “Gross Proceeds Reporting by Brokers That Regularly Provide Services Effectuating Digital Asset Sales.” This resolution passed the House by a wide margin (292-132) and has been included on the Senate calendar.
- S.J.Res.3, targeting the Internal Revenue Service rule relating to “Gross Proceeds Reporting by Brokers That Regularly Provide Services Effectuating Digital Asset Sales.” From all the resolutions Congress has voted on, this one has had the broadest bipartisan support, with a final vote of 70-27 in the Senate.
- S.J.Res.28, targeting the Consumer Financial Protection Bureau rule relating to “Defining Larger Participants of a Market for General-Use Digital Consumer Payment Applications.” This resolution passed the Senate (51-47), with 51 Republicans voting in favor and 46 Democrats along with Sen. Josh Hawley (R-MO) voting against.
- H.J.Res.61, targeting the Environmental Protection Agency rule relating to “National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing.” This resolution passed the House (216-202) and has already been received in the Senate, but has not been included on the Senate calendar yet.
- H.J.Res.42, targeting the Department of Energy rule relating to “Energy Conservation Program for Appliance Standards: Certification Requirements, Labeling Requirements, and Enforcement Provisions for Certain Consumer Products and Commercial Equipment.” This resolution passed the House (222-203) and has already been received in the Senate, but has not been included on the Senate calendar yet.
- H.J.Res.20, targeting the Department of Energy rule relating to “Energy Conservation Program: Energy Conservation Standards for Consumer Gas-fired Instantaneous Water Heaters.” This resolution has only passed the House (221-198) and has already been placed on the Senate calendar.
Looking ahead, the Senate has placed four more resolutions on its legislative calendar. S.J.Res.7 targets a Federal Communications Commission rule retaining to “Addressing the Homework Gap Through the E-Rate Program,” S.J.Res.30 targets a National Park Service rule relating to “Glen Canyon National Recreation Area; Motor Vehicles,” and S.J.Res.4 targets a Department of Energy rule relating to “Energy Conservation Program: Energy Conservation Standards for Consumer Gas-fired Instantaneous Water Heaters.”
The Senate is also expected to vote on S.J.Res.31, which targets the Environmental Protection Agency rule relating to “Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act”. This rule aimed to ensure that certain major sources of air pollution maintain public health protections and promote transparency and accountability when major sources of hazardous air pollutants (HAPs) reclassify themselves as area sources under the National Emissions Standards for Hazardous Air Pollutants (NESHAP) program. The repeal of this regulation could have major impacts on the EPA’s ability to regulate pollution from major HAP sources.
