Trump First 100 Days: Congressional Review Act (CRA) Data

During the first 100 days of President ’s administration:

•29 bills were passed by the and were signed into law by the President

•Of those 29 bills, 13 bills were actions under the Congressional Review Act (CRA) disapproving of regulations adopted by the Obama administration.

The use of the CRA is a reflection of the Trump administration, as well as the Republican majority in the House of Representatives and United States Senate. The high use of the CRA is a significant departure from historical practice.

Previously there were only three instances in which the CRA has been used to disapprove of a rule – once in 2001 (PL 107-5), and twice in 2008 (PL 110-246 and PL 110-234), although both 2008 bills were disapproving the same rule.

During the first 100 days of President ’s administration:

• One bill was introduced by Congress, proposing to repeal a President George W. Bush era regulation. It did not pass. •No regulations were disapproved under the CRA during the Obama era.

During President Trump’s first 100 days there were 63 bills to disapprove Obama era regulations. This number includes Bills where each house of Congress proposed repealing the same rule. There are also several bills from the same house of Congress to repeal the same rule.

This report on the Congressional Review Act (CRA) in Trump’s First 100 Days contains data from Thomson Reuters Westlaw, the most advanced legal research technology combined with market-leading content and editorial excellence. For additional information: Gretchen DeSutter, Thomson Reuters Communications, 612- 226-5087.

Congressional Review Act (CRA) For President Barack Obama’s First 100 Days

• No bills were passed during the first 100 days of the Obama presidency disapproving a regulation under the CRA. • There was only 1 Bill to disapprove a rule under the CRA

Filed Date Citation Proposing Agency Rule Details Department of the Interior and the Department of Interagency cooperation under the Endangered 1/15/2009 2009 CONG US HJ 18 Commerce Species Act

Bills Passed Disapproving Regulations Under the Congressional Review Act (CRA) Before The End Of Trump’s First 100 Days

Included below is a list of enacted bills from the current Congress which disapproved of a regulation, the agency that promalgated the rule, and a short description of the rule that was disapproved.

Public Law Proposing Agency Rule Details Savings Arrangements Established by Qualified State Political Subdivisions for Non- PL 115-24, 2017 HJRes 67 Department of Labor Governmental Employees

Compliance with title X requirements by PL 115-23, 2017 HJRes 43 Health and Human Services project recipients in selecting subrecipients Protecting the Privacy of Customers of PL 115-22, 2017 SJRes 34 Federal Communication Broadband and Other Telecommunications Commission Services.

PL 115-21, 2017 HJRes 83 Clarification of Employer's Continuing Obligation to Make and Maintain an Accurate Department of Labor Record of Each Recordable Injury and Illness

PL 115-20, 2017 HJRes 69 Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on Department of the Interior National Wildlife Refuges in Alaska Federal Unemployment Compensation Program; Middle Class Tax Relief and Job PL 115-17, 2017 HJRes 23 Creation Act of 2012 Provision on Establishing Appropriate Occupations for Drug Testing of Department of Labor Unemployment Compensation Applicants PL 115-14, 2017 HJRes 58 Department of Education Teacher preparation issues Accountability and State plans under the PL 115-13, 2017 HJRes 57 Elementary and Secondary Education Act of Department of Education 1965 PL 115-12, 2017 HJRes 44 Bureau of Land Management “Resource Management Planning”

PL 115-11, 2017 HJRes 37 Department of Defense, General Services Administration, NASA Federal Acquisition Regulations

PL 115-8, 2017 HJRes 40 Implementation of the NICS Improvement Social Security Administration Amendments Act of 2007 PL 115-5, 2017 HJRes 38 Department of the Interior

PL 115-4, 2017 HJRes 41 “Disclosure of Payments by Resource Securities & Exchange Commission Extraction Issuers”

Proposed Bills From 115th Congress Disapproving Of Regulations Under The Congressional Review Act

• 63 Total bills introduced in the House or Senate disapproving of Regulations under the CRA o The 63 total includes a number where separate bills were introduced into each house of Congress, and a number where more than one bill was introduced to repeal the same rule. o This number also includes bills that were eventually enacted into law.

Filed Date Citation Proposing Agency Rule Details

Tongass National Forest Land and Resource 4/6/2017 2017 CONG US HJ 97 Department of Agriculture Management Plan Amendment Eastern Interior Proposed Resource Management Plan and Final Environmental 4/6/2017 2017 CONG US HJ 96 Department of the Interior Impact Statement Approval, Disapproval and Promulgation of Air Quality Implementation Plans; Partial Approval and Partial Disapproval of Air Quality Implementation Plans and Federal Implementation Plan; Utah; Revisions to Environmental Protection Regional Haze State Implementation Plan; 3/13/2017 2017 CONG US SJ 38 Agency Federal Implementation Plan for Regional Haze

Approval, Disapproval and Promulgation of Air Quality Implementation Plans; Partial Approval and Partial Disapproval of Air Quality Implementation Plans and Federal Implementation Plan; Utah; Revisions to Environmental Protection Regional Haze State Implementation Plan; 3/10/2017 2017 CONG US HJ 87 Agency Federal Implementation Plan for Regional Haze Energy Conservation Program: Test Procedures 3/9/2017 2017 CONG US SJ 37 Department of Energy for Compressors Protecting the Privacy of Customers of Federal Communications Broadband and Other Telecommunications 3/8/2017 2017 CONG US HJ 86 Commission Services Protecting the Privacy of Customers of Federal Communications Broadband and Other Telecommunications 3/7/2017 2017 CONG US SJ 34 Commission Services

Savings Arrangements Established by States for 3/6/2017 2017 CONG US SJ 32 Department of Labor Non-Governmental Employees Savings Arrangements Established by Qualified State Political Subdivisions for Non- 3/6/2017 2017 CONG US SJ 33 Department of Labor Governmental Employees Clarification of Employer's Continuing Obligation to Make and Maintain an Accurate 3/2/2017 2017 CONG US SJ 27 Department of Labor Record of Each Recordable Injury and Illness Accidental release prevention requirements of Environmental Protection risk management programs under the Clean Air 3/2/2017 2017 CONG US SJ 28 Agency Act Office of Natural Resources Revenue of the Department Consolidated Federal Oil & Gas and Federal & 3/2/2017 2017 CONG US SJ 29 of the Interior Indian Coal Valuation Reform 3/2/2017 2017 CONG US SJ 26 Department of Education Teacher preparation issues

Department of Metropolitan Planning Organization 3/1/2017 2017 CONG US HJ 84 Transportation Coordination and Planning Area Reform Accountability and State plans under the Elementary and Secondary Education Act of 2/28/2017 2017 CONG US SJ 25 Department of Education 1965

Clarification of Employer's Continuing Obligation to Make and Maintain an Accurate 2/21/2017 2017 CONG US HJ 83 Department of Labor Record of Each Recordable Injury and Illness Federal Unemployment Compensation Program; Middle Class Tax Relief and Job Creation Act of 2012 Provision on Establishing Appropriate Occupations for Drug Testing of 2/16/2017 2017 CONG US HJ 23 Department of Labor Unemployment Compensation Applicants

Bureau of Land Onshore Oil and Gas Operations; Federal and 2/16/2017 2017 CONG US HJ 82 Management Indian Oil and Gas Leases; Measurement of Oil'

Update of the Water Control Manual for the Apalachicola-Chattahoochee-Flint River Basin in Alabama, Florida, and Georgia and a Water 2/16/2017 2017 CONG US HJ 77 Army Corps of Engineers Supply Storage Assessment

Prepaid accounts under the Electronic Fund Bureau of Consumer Transfer Act (15 U.S.C. 1693 et seq.) and the 2/14/2017 2017 CONG US HJ 73 Financial Protection Truth in Lending Act (15 U.S.C. 1601 et seq.) Office of Natural Resources Revenue of the Department Consolidated Federal Oil & Gas and Federal & 2/13/2017 2017 CONG US HJ 71 of the Interior Indian Coal Valuation Reform Bureau of Safety and Environmental Enforcement and the Bureau of Ocean Oil and Gas and Sulfur Operations on the Outer Energy Management of the Continental Shelf Requirements for Exploratory 2/9/2017 2017 CONG US HJ 70 Department of the Interior Drilling on the Arctic Outer Continental Shelf Savings Arrangements Established by Qualified State Political Subdivisions for Non- 2/7/2017 2017 CONG US HJ 67 Department of Labor Governmental Employees

Savings Arrangements Established by States for 2/7/2017 2017 CONG US HJ 66 Department of Labor Non-Governmental Employees

Bureau of Land Onshore Oil and Gas Operations; Federal and 2/7/2017 2017 CONG US HJ 68 Management Indian Oil and Gas Leases; Measurement of Gas

Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on 2/7/2017 2017 CONG US HJ 69 Department of the Interior National Wildlife Refuges in Alaska

Prepaid accounts under the Electronic Fund Bureau of Consumer Transfer Act (15 U.S.C. 1693 et seq.) and the 2/3/2017 2017 CONG US HJ 62 Financial Protection Truth in Lending Act (15 U.S.C. 1601 et seq.) Environmental Protection Cross-State Air Pollution Rule Update for the 2/3/2017 2017 CONG US SJ 21 Agency 2008 Ozone NAAQS Endangered and Threatened Wildlife and United States Fish and Plants; Endangered Species Act Compensatory 2/2/2017 2017 CONG US HJ 60 Wildlife Service Mitigation Policy 2/1/2017 2017 CONG US HJ 58 Department of Education Teacher preparation issues

Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on 2/1/2017 2017 CONG US SJ 18 Department of the Interior National Wildlife Refuges in Alaska Accountability and State plans under the Elementary and Secondary Education Act of 2/1/2017 2017 CONG US HJ 57 Department of Education 1965

Prepaid accounts under the Electronic Fund Bureau of Consumer Transfer Act (15 U.S.C. 1693 et seq.) and the 2/1/2017 2017 CONG US SJ 19 Financial Protection Truth in Lending Act (15 U.S.C. 1601 et seq.)

Bureau of Land Onshore Oil and Gas Operations; Federal and 2/1/2017 2017 CONG US HJ 56 Management Indian Oil and Gas Leases; Site Security Accidental Release Prevention Requirements: Environmental Protection Risk Management Programs under the Clean 2/1/2017 2017 CONG US HJ 59 Agency Air Act Office of Natural Resources 1/31/2017 2017 CONG US HJ 55 Revenue Amendments to Civil Penalty Regulations Department of the Treasury Documentation requirements for certain and the Internal Revenue related party interests in a corporation to be 1/31/2017 2017 CONG US HJ 54 Service treated as indebtedness United States Fish and 1/31/2017 2017 CONG US HJ 52 Wildlife Service Mitigation Policy Bureau of Land 1/30/2017 2017 CONG US SJ 15 Management Resource management planning General Provisions and Non-Federal Oil and 1/30/2017 2017 CONG US HJ 46 National Park Service Gas Rights 1/30/2017 2017 CONG US SJ 10 Secretary of the Interior Stream protection Bureau of Safety and Environmental Enforcement and the Bureau of Ocean Oil and Gas and Sulfur Operations on the Outer Energy Management of the Continental Shelf Requirements for Exploratory 1/30/2017 2017 CONG US HJ 47 Department of the Interior Drilling on the Arctic Outer Continental Shelf United States Fish and Management of Non-Federal Oil and Gas 1/30/2017 2017 CONG US HJ 45 Wildlife Service Rights Department of Defense, the General Services Administration, and the National Aeronautics and 1/30/2017 2017 CONG US HJ 37 Space Administration Federal Acquisition Regulation

Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on 1/30/2017 2017 CONG US HJ 49 Department of the Interior National Wildlife Refuges in Alaska Securities and Exchange Disclosure of payments by resource extraction 1/30/2017 2017 CONG US SJ 9 Commission issuers Bureau of Land Management of the 1/30/2017 2017 CONG US HJ 44 Department of the Interior Resource Management Planning Department of Defense, the General Services Administration, and the National Aeronautics and 1/30/2017 2017 CONG US SJ 12 Space Administration Federal Acquisition Regulation

Bureau of Land Waste Prevention, Production Subject to 1/30/2017 2017 CONG US SJ 11 Management Royalties, and Resource Conservation

Compliance with title X requirements by 1/30/2017 2017 CONG US SJ 13 Health and Human Services project recipients in selecting subrecipients

Federal-State Unemployment Compensation Program; Middle Class Tax Relief and Job Creation Act of 2012 Provision on Establishing Appropriate Occupations for Drug Testing of 1/30/2017 2017 CONG US HJ 42 Department of Labor Unemployment Compensation Applicants

Social Security Implementation of the NICS Improvement 1/30/2017 2017 CONG US SJ 14 Administration Amendments Act of 2007 Securities and Exchange Disclosure of Payments by Resource Extraction 1/30/2017 2017 CONG US HJ 41 Commission Issuers Bureau of Land Waste Prevention, Production Subject to 1/30/2017 2017 CONG US HJ 36 Management Royalties, and Resource Conservation Office of Surface Mining Reclamation and Enforcement of the 1/30/2017 2017 CONG US HJ 38 Department of the Interior Stream Protection Rule

Compliance with title X requirements by 1/30/2017 2017 CONG US HJ 43 Health and Human Services project recipients in selecting subrecipients

Social Security Implementation of the NICS Improvement 1/30/2017 2017 CONG US HJ 40 Administration Amendments Act of 2007

Compliance with Title X Requirements by 1/30/2017 2017 CONG US HJ 39 Health and Human Services Project Recipients in Selecting Subrecipients Bureau of Safety and Environmental Enforcement and the Bureau of Ocean Oil and Gas and Sulfur Operations on the Outer Energy Management of the Continental Shelf Requirements for Exploratory 1/27/2017 2017 CONG US HJ 34 Department of the Interior Drilling on the Arctic Outer Continental Shelf

Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on 1/27/2017 2017 CONG US HJ 35 Department of the Interior National Wildlife Refuges in Alaska

Environmental Protection Oil and Natural Gas Sector: Emission Standards 1/6/2017 2017 CONG US HJ 22 Agency for New, Reconstructed, and Modified Sources Office of Surface Mining Reclamation and Enforcement of the 1/4/2017 2017 CONG US HJ 16 Department of the Interior Stream Protection Rule Office of Surface Mining Reclamation and Enforcement of the 1/3/2017 2017 CONG US HJ 11 Department of the Interior Stream Protection Rule