A Glide Path For Overturning Biden Regulations In The 119th Congress Clyde Wayne Crews Jr.
The Biden administration fails to finalize before the start of final 60 legislative business days of 118th Congress will be vulnerable to overturn in the 119th — but only if the presidency changes
A Glide Path For Overturning Biden Regulations In The 119th Congress
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Fred L. Smith Jr. Fellow at the Competitive Enterprise Institute.
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Aug 26, 2024,12:18pm EDT
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As detailed in numerous commentaries this year, federal rules and regulations that the Biden administration fails to finalize before the start of the final 60 legislative business days of the 118th Congress will be vulnerable to overturn in the 119th — but only if the presidency changes hands.
WASHINGTON, DC - APRIL 05: (L-R) Vice President Kamala Harris, former President Barack Obama, and ... [+]GETTY IMAGES
The exact cutoff date marking the beginning of that window is still unclear but will likely fall between late spring and early summer.
The Congressional Review Act Can Overturn Over-Ambitious Biden Rules
The authority for any such revocations lies in the resolution of disapproval process established by the bipartisan Congressional Review Act of 1996.
We know, however, that the CRA tool rarely eliminates many rules out of the 3,000-plus enacted each year. Before the Trump presidency only one rule had been nixed, and there have been fewer than 20 eliminations to date, mostly of Obama-era rules.
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Upon reflection, the CRA’s impotence at subtracting from the torrent added was predictable, which might explain for the cynically minded why the law enjoyed such strong bipartisan support at passage. Still, the more than 200 attempts at CRA disapproval resolutions have served, as the George Washington University Regulatory Studies Center puts it, as messaging tools and as means to influence agency actions.
A Surge in Major Rules
The recent 2024 Spring Edition Unified Agenda of Regulatory and Deregulatory Actions has exposed a surge in the “recently completed” category of major rules in the Biden administration this election year. The Agenda, which appears twice a year, shows that major rules completed jumped from 53 in fall 2023 to 97 in the new edition.
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Typcially but not always, a major rule is one with $100 million in economic effects, as defined in the CRA itself. Policymakers should be aware that subsets of rules affecting small businessand state and local governments appear similarly on the upswing. Overall annual rule flows in the Agenda, as well as in the Federal Register, appear headed back to pre-Trump levels.
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