The Congressional Review Act allows a new Congress 60 days to adopt resolutions halting specific regulations implemented by the previous administration. As the current lame-duck Congress nears its end and the new Congress prepares to convene on Jan. 3, resolutions are being introduced to suspend the Biden administration’s “midnight regulations.”
Senate Majority Leader Mitch McConnell has stated that the incoming Senate majority is gearing up to use Congressional Review Act resolutions to rein in Washington bureaucrats and review agency rules. The Biden administration’s regulations for 2024 have raised concerns due to their significant impact and regulatory costs exceeding $1.8 trillion.
The Congressional Review Act enables Congress to suspend the implementation of rules and regulations through simple majority resolutions within the last 60 legislative days. This mechanism has often been utilized to counter “midnight” rule-making by outgoing administrations.
The “lookback” provision of the CRA allows the new Congress additional time to introduce resolutions. The cutoff date for this provision is determined once the current lame-duck Congress adjourns and the newly-elected one convenes on Jan. 3, 2025.
According to the Congressional Research Service, the “lookback” clock began ticking on Aug. 1, potentially bringing up to 907 final rules under CRA purview. One such rule targeted by a bipartisan bill is the Department of Treasury’s final rules for Section 45X advanced manufacturing production credits under the Inflation Reduction Act.
Other rules that could be challenged through CRA resolutions include stricter fuel economy and emission standards for vehicles, wage and benefit requirements for Head Start workers, and a mandate for drinking water systems to replace lead pipes. The use of the CRA by Republicans and Democrats in the past to revoke regulations highlights its significance in regulatory oversight.
As the new Congress approaches, Republican lawmakers aim to utilize the CRA to address regulations introduced by the Biden administration. McConnell emphasized the need to use the mandate given by the American people to curb excessive regulation in the upcoming legislative session. Can you please rewrite this sentence?
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