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Thune Declares Congress Will Start Repealing Biden’s Final Regulations


Following the presidential election, Biden established regulations concerning climate, gender, and labor relations prior to his departure from the White House.

WASHINGTON—On February 4, Senate Majority Leader John Thune (R-S.D.) announced that the Senate will soon introduce legislation aimed at repealing the regulations implemented by the Biden administration during its final moments in office.

Both Republicans and some Democrats have voiced their concerns regarding the Biden administration’s introduction of federal regulations tied to its political agenda on climate, gender equity, labor relations, and employment policies after President Joe Biden’s loss in the 2024 presidential election.

The Congressional Review Act (CRA) is a federal statute that grants both chambers of Congress the authority to adopt joint resolutions to nullify regulations that were issued within the last 60 days. These resolutions are not hindered by the Senate’s cloture requirement of 60 votes needed to terminate a filibuster, although they must be presented to the president for approval in order to take effect. During his first term, President Donald Trump enacted numerous such resolutions to overturn regulations set forth by the Obama administration and is likely to do so once again.

“We have 10 or 15 potential CRAs that we’re currently assessing,” Thune remarked in response to a query from The Epoch Times at a press briefing. “Significant thought is being given to which candidates qualify for CRAs and how to prioritize them. Rest assured, we will dedicate our time, when not focused on nominees, to repealing [the Biden administration’s regulations] to the greatest extent possible.”

Since the onset of Trump’s new term, the Senate has largely focused on evaluating his Cabinet nominees, aside from the approval of one piece of legislation, the Laken Riley Act, which Trump has signed into law.

In its concluding days, the Biden administration issued several “final rules”—the last step in the regulatory framework as per the Administrative Procedure Act (APA)—that altered the H-1B non-immigrant visa program for temporary specialty workers and the regulations concerning F-1 status international students, set new requirements for bulk data access by nations of concern, and prohibited credit rating agencies from obtaining medical debt data. These regulations, effective within the last 60 days, may be eligible for repeal under the CRA.

Regulations implemented by Biden that exceed the 60-day limit—such as those related to tailpipe emissions and electric vehicles—do not fall under the CRA process. For these, Congress would need to enact new laws aimed at repealing them, subject to the Senate’s 60-vote cloture requirement, or the Trump administration would have to engage in the notice-and-comment procedure outlined in the APA to revoke these rules—which will likely face legal challenges from opposing interest groups.

Any CRA repeal resolutions passed by the Senate must also be approved by the House before they are submitted to Trump.

House Speaker Mike Johnson’s office did not immediately provide a comment.



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