SJRES 42 (118th Congress)

Senate Joint Resolution 42, introduced during the 118th Congress, is a Congressional Review Act (CRA) resolution of disapproval. The CRA, enacted in 1996, grants Congress a fast-track legislative path to nullify final rules issued by federal agencies. Under the CRA, a disapproval resolution bypasses the Senate filibuster, requiring only a simple majority in both chambers. If enacted, the targeted rule would be voided and the agency would be prohibited from issuing a substantially similar rule without new congressional authorization.

The constitutional basis for this resolution rests in Article I of the Constitution, which grants Congress broad legislative authority, including the power to define and limit the scope of executive agency action. The CRA itself was designed to restore a measure of congressional oversight over the administrative state, which critics argue has grown too powerful and too removed from direct democratic accountability.

Fiscally, the impact depends entirely on the specific rule being disapproved. CRA resolutions have historically targeted regulations with significant economic implications, from environmental rules to financial regulations, and their repeal can affect compliance costs for businesses, revenue for government programs, and protections for consumers or workers.

Since its use to repeal an OSHA ergonomics rule in 2001, the CRA was rarely used until 2017, when the 115th Congress used it to strike down 16 Obama-era rules in rapid succession. The 118th Congress saw renewed interest in the tool as a Republican-led Senate sought to push back against Biden administration regulations.

Without the specific rule identified in available public records, the precise stakeholders affected cannot be named. However, CRA resolutions typically affect the regulated industry, federal agencies, and any populations the original rule was designed to protect, such as workers, consumers, or environmental communities.

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Senate Joint Resolution 42, introduced in the 118th Congress, is a resolution of disapproval filed under the Congressional Review Act. This federal law gives Congress a streamlined process to cancel rules issued by executive branch agencies. If passed by both the Senate and House and signed by the President, the resolution would void the targeted regulation entirely and bar the relevant agency from issuing any substantially similar rule in the future without new legislation from Congress.

Supporters of CRA disapproval resolutions generally argue that Congress must act as a check on federal agencies that they believe have overstepped their authority or imposed unnecessary costs on businesses and individuals. Proponents contend that elected legislators, not appointed bureaucrats, should make consequential policy decisions, and that the fast-track nature of the CRA process reflects the urgency of correcting regulatory overreach before a rule takes full effect.

Opponents of such resolutions argue that federal rules go through lengthy public comment periods and are grounded in technical expertise that Congress may lack. Critics warn that the CRA's permanent prohibition on substantially similar rules is an unusually harsh consequence, preventing future administrations from revisiting the same policy area even when new evidence or changed circumstances might warrant action. Consumer, labor, and environmental advocacy groups have historically opposed CRA resolutions targeting rules designed to protect public health, worker safety, or financial stability.

For ordinary Americans, the practical effect of SJRES 42 depends on which specific rule it targets. If the disapproved rule was designed to protect a class of people, such as workers or consumers, those individuals would lose that protection. If the rule imposed compliance costs on businesses, its repeal could reduce prices or regulatory burdens in that sector. The resolution is a reminder that federal regulations can be reversed through the legislative process, and that the balance between congressional authority and executive agency power remains an active and consequential debate in American governance.