Efforts to annul chosen Biden-administration regulations accelerate as time limits approach within Congressional Republican circles
In a series of recent events, the Congressional Review Act (CRA) has been at the centre of political manoeuvring in the United States.
The CRA, which allows Congress and the President to overturn regulations finalized during a specific period, has been employed to challenge several regulations, particularly during the Trump administration. During this time, Republicans used the CRA to revoke 16 regulations issued under President Barack Obama.
Fast forward to the present, and the CRA is once again in the spotlight. Despite the Government Accountability Office and Senate parliamentarian determining that CRA waivers don't qualify as rules subject to repeal under the CRA, several resolutions have been voted on by the House.
Six of these resolutions have been approved by both the House and Senate and are now awaiting the President's signature. Among them is H.J. Res 25, a CRA resolution revoking an IRS rule about digital asset sales, which garnered bipartisan support, with 76 Democratic backers in the House and 17 in the Senate.
Three other resolutions (H.J. Res 87, H.J. Res 88, H.J. Res 89) aim to rescind EPA notices that allow California to set vehicle emissions standards stricter than national regulations. The fate of these resolutions is yet to be decided, as Senate Majority Leader John Thune, R-S.D., has not indicated whether the Senate will vote on them.
Congress has approved eight CRA resolutions in total. These include one regarding energy conservation standards for commercial refrigerators and freezers (H.J. Res 75) and another limiting the use of off-road vehicles in certain areas of Glen Canyon National Recreation Area (H.J. Res 60).
The Coalition for Sensible Safeguards, a group of more than 200 research, good government, and public interest organizations, is tracking the progress of these CRA resolutions. In a March letter, about 80 advocacy groups, including CSS, AFL-CIO, and Sierra Club, warned that using the CRA to revoke these notices could set a precedent for future misuse and abuse of the CRA.
The letter also suggested that the CRA might be used to attack other orders, potentially including energy infrastructure permit approvals, approvals of corporate mergers, or approvals of particular drugs. However, the specific names of these organizations are not mentioned in the available search results.
President Donald Trump has signed three CRA resolutions so far. As the Senate's "fast track" procedures for considering CRA resolutions without the filibuster are available for a 60-day period, which is expected to end around May 8, the fate of these resolutions remains uncertain.
The CRA, originally designed to provide a swift means of overturning regulations, has become a tool for political manoeuvring, with concerns raised about its potential misuse and the implications for commonsense safeguards that keep people safe and healthy. The future of these resolutions and the CRA itself remains a topic of ongoing debate.
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