President Biden’s team is working tirelessly to safeguard his healthcare priorities against potential reversals under a hypothetical second Trump administration. Over recent weeks, regulatory bodies have been in a race against time to finalize key policies, such as protecting abortion data privacy, ensuring antidiscrimination measures for transgender patients, and establishing minimum staffing standards for nursing homes.
Central to this effort is the Congressional Review Act (CRA), a legislative tool enabling lawmakers to nullify rules even after they’ve been completed by the executive branch. The CRA also prevents agencies from reintroducing similar rules without congressional approval.
The critical window for safeguarding rules typically falls between May and August, with July being the most common timeframe, according to analysis from George Washington University. With major rules typically published in April, the administration’s supporters have applauded their efforts to shield vulnerable populations.
Ben Anderson, from the consumer advocacy group Families USA, commended the administration’s focus on healthcare accessibility and affordability. He emphasized the risk of future Congresses undoing these regulations, underscoring the importance of finalizing them promptly.
Resolutions of disapproval, not subject to filibuster, can swiftly revoke regulations with a simple majority in both chambers if signed by the president. This contrasts with the lengthy notice-and-comment process.
Concerns loom over the potential for a second Trump term coupled with GOP control of Congress in 2025, enabling the CRA as a potent tool against Biden’s agenda.
Although the CRA originated in 1996, under Speaker Newt Gingrich’s “Contract with America,” it gained prominence during the Trump era, particularly through repealing rules from the Obama administration’s final days. This history has spurred agencies to expedite their rulemaking processes.
Susan Dudley, former administrator of the Office of Information and Regulatory Affairs under President George W. Bush, noted the heightened awareness of the CRA’s deadline compared to previous years.
