The wonky way the House GOP plans to undo Biden’s legacy—without new laws
By Michael Jones
Much of the focus on the Hill this week will be on Speaker Mike Johnson’s attempt to pass the Republican budget plan and reach an agreement with Democrats to avoid a shutdown by the time money runs out in less than three weeks.
But, more quietly, Republicans will also tee up two measures—known as “disapproval resolutions”—to undo Biden-era energy regulations under the Congressional Review Act (CRA), a 1996 law allowing lawmakers to overturn federal regulations issued by executive branch agencies.
The first disapproval resolution would repeal a Department of Energy rule requiring new gas-fired instantaneous water heaters to meet higher efficiency standards. The second measure would roll back a provision from the Inflation Reduction Act to limit methane emissions. Republicans don’t intend to stop with these two. Last week, House Majority Leader Steve Scalise (R-La.) released a list of eight more CRA targets, enabling the GOP to use their unified control of government to reshape the regulatory state in Trump’s image without passing new legislation.
When Congress passes a law, it often provides broad policy goals but leaves the details to executive branch agencies. Agencies like the EPA are responsible for writing regulations to implement laws within their jurisdiction. They operate under authority granted by Congress and must follow specific procedures when creating new rules. Once agencies issue a final rule, the CRA gives lawmakers 60 days to review it and potentially overturn new regulations using a disapproval resolution.
If the House and the Senate pass the resolution and the president signs it, the rule is nullified and can’t be reissued in a substantially similar form unless authorized by a new law. A key feature of the CRA is that, like the budget reconciliation process I wrote about last week, Senate consideration of this resolution is filibuster-proof. It requires only a simple majority to pass.
The CRA is especially powerful at the start of a new administration when a president and Congress controlled by the same party can swiftly overturn late-term rules from the previous administration. Regulations passed in the final months of an outgoing president’s term are especially vulnerable: If a new Congress and president oppose those regulations, they can quickly erase them—sometimes before the public fully understands their impact.
In 2017, Republicans used the CRA to repeal Obama-era rules on workplace safety, environmental protections, and internet privacy. Four years later, Democrats reversed Trump-era rules on methane emissions, workplace discrimination, and financial lending discrimination. Each regulatory repeal isn’t just a temporary change—it can have long-term consequences for how the government regulates industries and protects consumers.
While the CRA offers a streamlined approach to overturning regulations, its success depends on the president’s approval. During the final two years of his term, President Biden vetoed 11 disapproval resolutions to prevent the nullification of various regulations implemented by his administration, including those related to environmental protections, financial regulations, and labor policies. This number surpassed the CRA vetoes of all previous presidents combined. But with a Republican majority in both the House and Senate and President Trump in office, the CRA is poised to be a significant instrument for rescinding regulations issued during the latter part of President Biden’s term.
Relatedly, the House passed a bill earlier this month allowing Congress to disapprove multiple regulations issued in the final months of a presidential administration through a single resolution. Republicans argued that the act restores congressional authority and limits outgoing administrations from approving “midnight rules,” which refer to regulations finalized between a presidential election and the inauguration of a new administration. But Democrats say if the bill were to be enacted, it would allow the Republican-controlled Congress and White House to quickly undo wide swaths of agency rules without adequate debate while simultaneously preventing these agencies from issuing substantially similar rules ever again. It’s unclear if and when the Senate will take up the bill.
I’m a Congress nerd, so I could write and talk about this until Beyoncé releases the third installment of her trilogy. But you may wonder what a wonky, almost 30-year-old law has to do with your daily lives or the electoral process.
I hear you, but hear me out. Beyond their core function to empower Congress to quickly reshape federal policy without passing full-fledged laws, CRA resolutions are worth paying attention to if you care about how the government regulates businesses, protects consumers, and enforces workplace rights. When lawmakers use the CRA to repeal a rule, it can alter protections or requirements that directly affect your job, health, and finances. Don’t be afraid to hold them accountable for how they wield this enormous power.
Michael Jones is an independent Capitol Hill correspondent and contributor for COURIER. He is the author of Once Upon a Hill, a newsletter about Congressional politics.
