Senate Republicans are poised to launch an aggressive initiative against regulations established by the Biden administration, while they await their House counterparts to finalize their approach regarding border security and tax reform.
According to GOP leaders, their immediate focus will be on confirming President-elect Trump’s Cabinet nominees, after which they will swiftly pursue Congressional Review Act (CRA) resolutions aimed at repealing various Biden-era regulations.
To effectively challenge these regulations, timely action is essential, as the CRA mandates a strict timeframe for introducing joint resolutions that disapprove of the rules set forth by the Biden administration.
During Trump’s first year in office in 2017, Republican lawmakers introduced 67 resolutions to dismantle regulations enacted during President Obama’s tenure, with Trump signing 16 into law that year.
Republican legislators aim to replicate this strategy against Biden’s regulations in the coming weeks, though they face the serious challenge of selecting which rules to target, especially given the limited time available on the Senate floor. “It’s a target-rich environment,” remarked Sen. John Cornyn (R-Texas), emphasizing the need for internal discussions to establish priorities.
According to Cornyn, achieving some initial victories would be advantageous. Joint resolutions aimed at disapproving of Biden administration rulemaking cannot be subject to filibuster in the Senate, but Republican senators must act within a 60-day window to bypass the standard procedural hurdles.
For resolutions to be filibuster-proof, they must be advanced within the first 60 session days of the 119th Congress, which are defined as calendar days when the Senate is convened. After this period, the special procedural safeguards will no longer apply.
The new Republican-majority Congress can address rules that have been finalized since the middle of last summer. For a Biden-era rule to be overturned, the disapproval resolutions must be passed by both the Senate and House and receive Trump’s signature once he assumes office.
“We’re discussing potential CRAs that could be eligible for repeal,” Senate Majority Leader John Thune (R-S.D.) conveyed to The Hill on Tuesday. Senate Republican staff have compiled a list of 60 Biden regulations deemed eligible for repeal, encompassing a variety of rules including those pertaining to safety standards for nursing pillows, the phasedown of hydrofluorocarbons, and requirements for recordkeeping regarding ozone-depleting substances.
Highlighting a specific concern, Senate Commerce Committee Chair Ted Cruz (R-Texas) pointed to a regulation finalized by the IRS in December that mandates brokers to report gross proceeds from cryptocurrency transactions. Cruz criticized this regulation as an overt effort to undermine the pro-crypto policies established by the Trump administration.
GOP aides have also flagged a regulation that permits citizens and passport holders from Qatar to travel to the U.S. for up to 90 days without a visa. Qatar’s recent actions have drawn scrutiny due to its financial support for Gaza, controlled by Hamas, with reports indicating that Qatar began monthly payments to Gaza in 2018.
Additionally, GOP aides have identified anti-money laundering regulations for real estate agents introduced by the Treasury Department in August as potential candidates for repeal under the CRA.
Another regulation under consideration for repeal is one finalized by the Financial Crimes Enforcement Network in late August, which expands the definition of “financial institution” to include investment advisers for compliance with anti-money laundering policies.
Senate Republican Whip John Barrasso (R-Wyo.) acknowledged that GOP lawmakers face a multitude of priorities but affirmed that repealing Biden’s regulatory initiatives will be a pressing objective in the near future. “Our top priority right now is to confirm President Trump’s Cabinet, with hopes of having some members approved on Inauguration Day,” he stated.
Barrasso stressed the importance of taking swift action on repealing Biden’s regulations before the 60-day deadline lapses. “There’s a 60-day timeframe on the CRA, and we’re confident President Trump will endorse every resolution that we can pass through the House and Senate,” he expressed. “We have a prioritized list, and you can expect to see CRAs emerge.”
On Capitol Hill, Trump is set to convene a meeting with Senate Republicans on Wednesday afternoon to discuss the upcoming year. Republicans face the immediate task of determining which rules to target first.
“It’s a substantial conversation,” remarked Senate Steering Committee Chair Mike Lee (R-Utah). He emphasized the need to assess the eligibility of regulations for repeal within the specified timeframe. Lee also noted that the Biden administration could finalize additional rules prior to Trump’s inauguration on January 20.
Biden has undertaken a flurry of executive actions recently, aiming to leave his mark before exiting the White House. On Monday, he announced a ban on offshore oil and gas drilling along the East and West Coasts, as well as in the eastern Gulf of Mexico and federal waters off Alaska.
In September, he issued executive orders to establish a task force addressing the threats posed by 3D-printed or “ghost guns” and to evaluate whether active-shooter drills in schools may have a detrimental impact on students.
Certain actions taken by Biden, such as his sweeping order to grant clemency to nearly 1,500 Americans released from prison during the pandemic, do not fall under the CRA.
Negotiations are currently underway for a potential exchange of a high-profile Guantanamo Bay prisoner for Americans detained in Afghanistan. Trump has accused Biden of attempting to sabotage his transition by implementing “ridiculous executive orders” and other initiatives.
Sen. Roger Marshall (R-Kan.) criticized Biden’s last-minute actions as a “slap in the face” to Trump supporters. “He’s disbursing billions of dollars before President Trump takes office, exacerbating our debt and impacting our treasury and the bond market,” he stated during an interview with Fox Business’s Maria Bartiromo on Tuesday.
Marshall confirmed to The Hill that his team is compiling a list of late-term Biden regulations targeted for repeal under the CRA. “My staff is currently assembling that list,” he noted.
