S.J.Res. 18 · 119th Congress
A joint resolution disapproving the rule submitted by the Bureau of Consumer Financial Protection relating to "Overdraft Lending: Very Large Financial Institutions".
Sen. Scott, Tim [R-SC] (R-SC) · Introduced · 16 cosponsors
Latest action
Became Public Law No: 119-10.
· from Congress.gov, as of August 8, 2026
Committees
What this stage means
The bill is now law — by the President's signature, by the ten-day rule when the President declines to sign, or by a two-thirds veto override.
Why this matters
There are three constitutional paths to enactment, and only one of them requires the President's approval.
What can happen next
Executive agencies write regulations to implement it; courts may review challenges to it.
Study this bill
AP GovThe constitutional question
After INS v. Chadha killed the one-house legislative veto, the Congressional Review Act became Congress's constitutional workaround: a joint resolution, passed by both chambers and signed by the President, that voids an agency rule and bans 'substantially similar' rules forever. This resolution used it to erase the CFPB's $5 cap on bank overdraft fees.
The strongest case for
The overdraft rule was price control by an agency whose director answers to no one between confirmations: a $5 cap on a service whose actual cost varies by bank and account, imposed on institutions that already must disclose fees under existing law. Price caps have a known failure mode — banks respond by ending overdraft coverage entirely or closing free checking, which pushes exactly the marginal customers the rule claims to protect toward payday lenders charging far more. If Congress wants to regulate overdraft pricing it can write that statute; a CRA vote is the constitutionally clean way to say the delegated authority was never meant to stretch this far.
The strongest case against
Overdraft programs generate billions annually from a small, disproportionately low-income slice of customers — fees near $35 for advances that cost banks almost nothing to provide, ordered and re-ordered to maximize triggers. The CFPB rule permitted banks to charge more than $5 if they documented actual costs, so the 'price control' framing is wrong; it was a default with an evidence-based escape hatch. Using the CRA here doesn't just void one rule — it permanently bars any 'substantially similar' protection, freezing consumer-finance policy at the preference of one Congress. Fee regulation exists precisely because switching banks is costly and the customers paying these fees have the least leverage to bargain.
Foundational documents in play
- Federalist No. 51
The CRA is a modern gear in Madison's machine: the legislature clawing back policy made by the executive's delegated rulemaking.
- U.S. Constitution
Bicameralism and presentment (Article I, Section 7) are why the CRA — unlike the old one-house legislative veto — survives constitutionally.
Organizations supporting
Organizations opposing
This has happened before
In 2017, Congress used the CRA to void the same agency's arbitration rule — the vote was 50–50, broken by the Vice President. Same agency, same tool, same alignment of banking interests, eight years apart. The CFPB, created by one unified government in 2010, has had its rules serially erased by the next — the clearest possible lesson that bureaucratic policy lives at the mercy of election outcomes.
Practice FRQ
Concept Application. "Congress passed a joint resolution under the Congressional Review Act voiding a consumer-protection rule issued by a federal agency; the President signed it." (A) Describe how the CRA differs from the legislative veto struck down in INS v. Chadha. (B) Explain how the CRA serves as a congressional check on the bureaucracy. (C) Explain one consequence of the CRA's ban on 'substantially similar' future rules for long-term policymaking.
Sources: www.congress.gov · www.congress.gov
Action history
Every recorded action from Congress.gov — 30 total.
Signed by President.
Signed by President.
Became Public Law No: 119-10.
Became Public Law No: 119-10.
Presented to President.
House
Presented to President.
House
Considered under the provisions of rule H. Res. 294. (consideration: CR H1519-1525)
House
Rule provides for consideration of S.J. Res. 18, S.J. Res. 28, H.R. 1526 and H.R. 22. The resolution provides for consideration of H.R. 22, H.R. 1526, S.J. Res. 18, and S.J. Res. 28 under a closed rule. The resolution provides for one hour of debate on each measure and one motion to recommit on H.R. 22 and H.R. 1526, and one motion to commit on S.J. Res. 18 and S.J. Res. 28.
House
DEBATE - The House proceeded with one hour of debate on S.J. Res. 18.
House
The previous question was ordered pursuant to the rule.
House
POSTPONED PROCEEDINGS - At the conclusion of debate on S.J. Res. 18, the Chair put the question on passage of the joint resolution and by voice vote, announced that the ayes had prevailed. Mr. Hill (AR) demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
House
Considered as unfinished business. (consideration: CR H1533)
House
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 217 - 211 (Roll no. 96). (text: CR H1519: 1)
House
On passage Passed by the Yeas and Nays: 217 - 211 (Roll no. 96). (text: CR H1519)
House
Motion to reconsider laid on the table Agreed to without objection.
House
Rules Committee Resolution H. Res. 294 Reported to House. Rule provides for consideration of S.J. Res. 18, S.J. Res. 28, H.R. 1526 and H.R. 22. The resolution provides for consideration of H.R. 22, H.R. 1526, S.J. Res. 18, and S.J. Res. 28 under a closed rule. The resolution provides for one hour of debate on each measure and one motion to recommit on H.R. 22 and H.R. 1526, and one motion to commit on S.J. Res. 18 and S.J. Res. 28.
House
Rules Committee Resolution H. Res. 282 Reported to House. Rule provides for consideration of H.R. 22, H.R. 1526, S.J. Res. 18 and S.J. Res. 28. The resolution provides for consideration of H.R. 22, H.R. 1526, S.J. Res. 18, and S.J. Res. 28 under a closed rule. The resolution provides for one hour of debate on each measure and one motion to recommit on H.R. 22 and H.R. 1526, and one motion to commit on S.J. Res. 18 and S.J. Res. 28. The resolution also provides that H. Res. 23 and H. Res. 164 are laid on the table.
Senate
Message on Senate action sent to the House.
House
Received in the House.
House
Held at the desk.
Senate
Considered by Senate. (consideration: CR S1879, S1884)
Senate
Passed/agreed to in Senate: Passed Senate without amendment by Yea-Nay Vote. 52 - 48. Record Vote Number: 153.
Senate
Passed Senate without amendment by Yea-Nay Vote. 52 - 48. Record Vote Number: 153. (text: CR S1884)
Senate
Senate Committee on Banking, Housing, and Urban Affairs discharged, by petition, pursuant to 5 U.S.C. 802(c).
Senate
Senate Committee on Banking, Housing, and Urban Affairs discharged, by petition, pursuant to 5 U.S.C. 802(c).
Senate
Placed on Senate Legislative Calendar under General Orders. Calendar No. 34.
Senate
Motion to proceed to consideration of measure agreed to in Senate by Yea-Nay Vote. 52 - 47. Record Vote Number: 152.
Senate
Measure laid before Senate by motion. (consideration: CR S1864)
Senate
Introduced in Senate
Senate
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.