Congressional Review Act Targets

by and

In the first four months of his presidency, Donald Trump and his congressional allies used the Congressional Review Act to repeal 14 Obama era health, safety, labor, financial, education, energy, environmental rules. The law allows Congress to block "major" rules within 60 legislative days of adoption, with a joint resolution (not subject to the Senate's normal 60-vote requirement) and president's signature. Below, we tracked the damage. Also read our CRA by the Numbers summation. And read a 2014 article by Katherine Tracy, writing then for the Center for Effective Government, but now with CPR.

Congressional Review Act Assault on Our Safeguards
Targeted Rule Description CRA Resolution in House CRA Resolution in Senate Signed by President Trump?

EDUCATION
Every Student Succeeds Act--Accountability and State Plans, Dept. of Ed., Office of Elementary & Secondary Ed., 11/29/16 Changes existing rules as required by the Every Student Succeeds Act and updates rules to include requirements for submission of state plans under ESEA programs. Passed 2/7/17, 234-190

Passed 3/9/17, 50-49

 Signed 3/27/17; Repealed
Teacher Preparation Issues, Dept. of Ed., Office of Postsecondary Ed., 11/ 31/16 Provides for more meaningful data on teacher preparation program quality and amends rules to include teacher preparation program quality in deciding a program's eligibility for the TEACH Grant program. Passed 2/7/17, 240-181 Passed 3/8/17, 59-40 Signed 3/27/17; Repealed

ENERGY EFFICIENCY
Energy Conservation Program: Test Procedures for Compressors, Dep't of Energy, Office of Energy Efficiency & Renewable Energy, 1/4/17 Energy conservation standards for compressors. Introduced; neither house voted. Repeal Failed.

ENVIRONMENT
Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources, Envtl. Prot. Agency, 6/3/16 GHG and VOC emissions standards for certain new, modified, and reconstructed equipment, processes, and activities across the oil and natural gas source category.

Resolution introduced in House, but invalid for reasons of timing. Deadline for congressional action (60 legislative days) has passed.

Repeal Effort Failed.
Final Amendments to the Risk Management Program (RMP) Rule, Envtl. Prot. Agency, 1/13/17 Strengthens disaster prevention and reporting requirements for the nation's high-risk chemical and industrial facilities. More from Coalition for Sensible Safeguards (CSS). Introduced; neither house voted. Repeal Failed.
Cross-State Air Pollution Rule Update for the 2008 Ozone NAAQS, Envtl. Prot. Agency, 10/26/16 Updates clean air standard to reduce interstate transport of ozone pollution and better protect human health and welfare. Introduced; neither house voted. Repeal Failed.
Approval, Disapproval and Promulgation of Air Quality Implementation Plans; Partial Approval and Partial Disapproval of Air Quality Implementation Plans and Federal Implementation Plan; Federal Implementation Plan for Regional Haze, Envtl. Prot. Agency, 7/5/16 Partial approval and partial disapproval of State Implementation Plan revision submitted by the State of Utah to implement regional haze program. Introduced; neither house voted. Repeal Failed.
Tongass Land and Resource Management Plan Amendment, Dept. of Agriculture, 12/9/16 Amends 2008 Forest Plan to include guidance on managing natural resource projects and activities for the Tongass National Forest, including transitioning to more sustainable timber program, promoting renewable energy production Introduced; neither house voted. Repeal Failed.
Eastern Interior Proposed Resource Mgmt. Plan/Final Environmental Impact Statement, Alaska, Dept of Interior, BLM, 12/27/16 Provides a framework for managing the use of the Eastern Interior Planning Area, located in Interior Alaska. Introduced; neither house voted. Repeal Failed.
Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Measurement of Gas, Dept. of Interior, Bureau of Land Mgmt., 11/17/16 Minimum standards for measuring and reporting gas removed or sold from Federal and Indian (except Osage tribe) leases, units, unit participating areas, and areas subject to communitization agreements. Introduced; neither house voted. Repeal Failed.
Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Measurement of Oil, Dept. of Interior, Bureau of Land Mgmt., 11/17/16 Minimum standards for measuring oil produced from Federal and Indian (except Osage Tribe) leases to ensure that production is measured and properly accounted for. Introduced; neither house voted. Repeal Failed.
Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Site Security, Dept. of Interior, Bureau of Land Mgmt., 11/17/16 Minimum standards for oil and gas facility site security; ensures oil and gas produced from Federal and Indian (except Osage Tribe) oil and gas leases are properly and securely handled. Introduced; neither house voted. Repeal Failed.
Waste Prevention, Production Subject to Royalties, and Resource Conservation, Dept. of Interior, Bureau of Land Mgmt., 11/18/16 Reduces methane emissions from oil and gas drilling on federal public lands. More from CSS. Passed House 2/3/17, 221-191; defeated in Senate on procedural vote, 51-49, 5/10/17; Repeal Failed.
Resource Management Planning, Dept. of Interior, Bureau of Land Mgmt., 12/12/16 Regulations for preparing, revising, or amending land use plans to maximize transparency, efficiency, and better respond to change. More from CSS. Passed 2/7/17, 234-186 Passed 3/7/17, 51-48 Signed 3/27/17; Repealed
Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf, Dept. of Interior, Bureau of Ocean Energy Mgmt., 7/15/16 Safety and environmental standards for  future oil and gas drilling in the Arctic. More from CSS. Introduced; neither house voted. Repeal Failed.
General Provisions and Non-Federal Oil and Gas Rights, Dept. of Interior, Nat'l Park Serv., Nov. 4, 2016 Updates rules governing non-federal oil and gas rights within National Park Service units outside  Alaska  to better protect park resources, values and visitors. Introduced; neither house voted. Repeal Failed.
Amendments to Civil Penalty Regulations, Dept. of Interior, Office of Natural Resources Revenue, 8/1/16 Adjusts civil penalty amounts for inflation, codifies new civil penalty authority for certain mineral leases, and publishes the office's civil penalty assessment table. More from CSS. Introduced; neither house voted. Repeal Failed.
Consolidated Federal Oil & Gas and Federal & Indian Coal Valuation Reform, Dept. of Interior, Office of Natural Resources Revenue, 7/1/16 Simplifies, clarifies, and adds certainty and consistency to rules governing valuation of oil and gas production from Federal leases and coal production from Federal and Indian leases. Introduced; neither house voted. Repeal Failed.
Stream Protection Rule, Dept. of Interior, Office of Surface Mining Reclamation & Enforcement, 12/20/16 Standards to protect streams, fish, and wildlife from coal mining pollution. More from CSS. Passed 2/1/17, 228-194 Passed 2/2/17, 54-45 Signed 2/16/17; Repealed
Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska, Dept. of Interior, U.S. Fish & Wildlife Serv., 8/5/16 Amends regulations for National Wildlife Refuges in Alaska that govern hunting of predators, and public participation. More from CSS. Passed 2/16/17, 225-193 Passed 3/21/17, 52-47 Signed 4/3/17; Repealed
Management of Non-Federal Oil and Gas Rights, Dept. of Interior, U.S. Fish & Wildlife Serv., 11/14/16 Updates regulations governing non-federal oil and gas rights within refuges outside of Alaska. Introduced; neither house voted. Repeal Failed.
Endangered and Threatened Wildlife and Plants; Endangered Species Act Compensatory Mitigation Policy, Dept. of Interior, U.S. Fish & Wildlife Serv., 12/27/16  Implements new policy to improve consistency and effectiveness in the use of compensatory mitigation as recommended or required under the Endangered Species Act. Introduced; neither house voted. Repeal Failed.
U.S. Fish and Wildlife Service Mitigation Policy, Dept. of Interior, U.S. Fish & Wildlife Serv., 11/21/16 Revises the Mitigation Policy that guides the agency's recommendations on mitigating the adverse impacts of land and water developments on fish, wildlife, plants, and their habitats. Introduced; neither house voted. Repeal Failed.
Update of the Water Control Manuals and Water Supply Storage Assessment for the Apalachicola-Chattahoochee-Flint River Basin, U.S. Army Corps of Engineers, Not Yet Finalized Updates Water Control Manuals to determine how federal projects in the ACF Basin should adjust operations. Introduced; neither house voted. Repeal Failed.

FINANCE
Prepaid Accounts under the Electronic Fund Transfer Act and the Truth in Lending Act, Consumer Financial Prot. Bureau, 11/22/16 Creates comprehensive consumer protections for prepaid accounts, including payroll card accounts and government benefit accounts. More from CSS Introduced; neither house voted. Repeal Failed.
Disclosure of Payments by Resource Extraction Issuers, Securities and Exchange Comm, 7/27/16 Adopts a rule required by Dodd-Frank Act on disclosure of payments by resource extraction issuers. More from CSS.  Passed 2/1/17, 235-187 vote Passed 2/3/17, 52-47 Signed 2/14/17; Repealed
Treatment of Certain Interests in Corporations as Stock or Indebtedness, Dept. of Treasury, Internal Revenue Serv., 12/21/16 Sets forth documents required for certain related-party interests in a corporation to be treated as indebtedness for federal tax purposes, and treat as stock certain related-party interests that otherwise would be treated as indebtedness for federal tax purposes. Introduced; neither house voted. Repeal Failed.

HEALTH
Compliance with Title X Requirements by Project Recipients in Selecting Subrecipients, Dept of Health & Human Servs., Office of Population Affairs, 12/19/16 Amends eligibility criteria under Title X family planning services program to prevent states from withholding family planning grants from clinics, including Planned Parenthood, that provide abortions. More from CSS Passed 2/16/17, 280-188 Passed 3/30/17, 50-49 Signed 4/13/17; Repealed

LABOR
Fair Pay and Safe Workplaces Amendments to Federal Acquisition Regulation, Defense Dept., Gen. Servs. Admin., and NASA, 8/25/16 Amends the Federal Acquisition Regulation to ensure federal contractors are protecting workers from workplace hazards, wage theft, retaliation, and other problems. More from CSS. Passed 2/2/17, 236-187 Passed 3/6/2017, 49-48 Signed 3/27/17; Repealed
Drug Testing of Unemployment Compensation Applicants, Dept. of Labor, Employment & Training Admin., 8/1/16 Establishes, for State Unemployment Compensation program purposes, occupations that regularly conduct drug testing. Passed 2/16/17, 236-189 Passed 3/14/17, 51-48 Signed 3/31/17; Repealed
Savings Arrangements Established by States for Non-Governmental Employees, Dept. of Labor, Employee Benefits Security Admin., 8/30/16 Describes circumstances in which state payroll deduction savings programs with automatic enrollment would not give rise to establishment of employee pension benefit plans under ERISA and gives guidance to states on designing such programs. Passed 2/15/17, 231-193 Passed 5/3/17, 50-49 Signed 5/17/17; Repealed
Savings Arrangements Established by Qualified State Political Subdivisions for Non-Governmental Employees, Dept. of Labor, Employee Benefits Security Admin. 12/20/16 Relaxes restrictions for new municipally sponsored retirement savings plans for lower-income private-sector workers. Passed 2/15/17, 234-191 Passed 3/30/17, 50-49 Signed 4/13/17; Repealed
Clarification of Employer's Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness, Dept. of Labor, Occupational Safety & Health Admin., 12/19/16 Clarifies employers’ obligation to maintain accurate records of work-related injuries and illnesses. Passed 3/2/17, 231-191 Passed, 3/22/17, 50-48 Signed 4/3/17; Repealed

SOCIAL SECURITY
Implementation of the National Instant Criminal Background Check System (NICS) Improvement Amendments Act of 2007, Social Security Admin., 12/19/16 Rules to identify recipients of Disability Insurance benefits or SSI who meet other criteria including information about mental health benefits, and to provide that information to the Attorney General, so that it can be considered during gun purchases. Passed 2/2/17, 235-180 Passed 2/15/17, 57-43 Signed 2/28/17; Repealed

TELECOMMUNICATIONS
Protecting the Privacy of Customers of Broadband and Other Telecommunications Services, Federal Communications Comm, 12/2/16 Heightened protection of customer information by requiring privacy and data breach notices, customer opt-in or opt-out for use of their information, additional security measures. Passed 3/28/17, 232-184 Passed, 3/23/17, 50-48 Signed 4/3/17; Repealed

TRANSPORTATION
Metropolitan Planning Organization Coordination and Planning Area Reform, Dept of Transportation, Fed. Highway Admin, 12/20/16 Transportation planning rules on the establishment of metropolitan planning area boundaries; promotes more effective regional planning. Introduced; neither house voted. Repeal Failed.