Congress last week approved eight Congressional Review Act resolutions, sending several to the White House. Siri Stafford / Getty Images
Push to revoke certain Biden-era rules intensifies as congressional Republicans race against deadline
EPA waivers are being targeted for removal, even though the Government Accountability Office as well as an official who advises on Senate rules said they are exempt from the Congressional Review Act.
Republicans in Congress are moving quickly to take advantage of the Congressional Review Act before a deadline hits that effectively blunts the law’s usability.
The law enables Congress and the president, if they are in agreement, to overturn by simple majority regulations that were promulgated during the 60 Senate session days or 60 legislative House days before a session of Congress adjourns, whichever is earlier. In this case, President Donald Trump, who is pursuing a deregulatory agenda, and congressional Republicans can use the CRA to override rules finalized during the Biden administration on or after Aug. 16, 2024.
Under the law, however, the Senate’s “fast track” procedures for considering CRA resolutions without the filibuster are only available for a 60-day period, which stakeholder groups expect will end around May 8.
Congress last week approved eight CRA resolutions to repeal regulations ranging from energy conservation standards for commercial refrigerators and freezers (H.J. Res 75) to a rule that limits the use of off-road vehicles in certain areas of Glen Canyon National Recreation Area in northern Arizona and southeastern Utah (H.J. Res 60).
There are now six CRA resolutions the House and Senate have approved that are awaiting the president’s signature, including the commercial refrigerator and freezer measure, according to a tracker from the Coalition for Sensible Safeguards — a group of more than 200 research, good government and public interest organizations.
Trump has, so far, signed three resolutions. Most recently, he enacted a measure (H.J. Res 25) to revoke an IRS rule that would have required more information to be reported about digital asset sales. Congress approved that resolution with bipartisan support, garnering 76 Democratic backers in the House and 17 in the Senate.
On Monday evening, the Senate is scheduled to begin consideration of a House-approved resolution (H.J. Res 61) regarding emissions standards for the rubber tire manufacturing industry.
During Trump’s first administration, Republicans used the CRA to revoke 16 regulations issued under President Barack Obama.
Among the CRA resolutions approved by the House last week, there are three (H.J. Res 87; H.J. Res 88; H.J. Res 89) that would rescind EPA notices which let California set vehicle emissions standards that are stricter than national regulations.
The House voted on these measures, even though the Government Accountability Office in March and Senate parliamentarian in April determined that such waivers don’t qualify as rules that are subject to repeal under the CRA.
Senate Majority Leader John Thune, R-S.D., has not yet given an indication as to whether the Senate would vote on the trio of resolutions.
A March letter sent by about 80 advocacy groups, including CSS, AFL-CIO and Sierra Club, to congressional leadership warned that using the law to revoke these notices “will lay the groundwork for future attempts to misuse, expand and abuse the CRA.”
“We would expect to see the CRA used to attack other ‘orders,’ potentially including energy infrastructure permit approvals, approvals of corporate mergers or approvals of particular drugs,” the groups wrote. “These examples likely only scratch the surface of the possible consequences of ignoring the CRA’s procedures with impunity. This means open season on the commonsense safeguards that keep us safe and healthy.”