[Congressional Record Volume 169, Number 104 (Wednesday, June 14, 2023)]
[Senate]
[Pages S2081-S2082]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Congressional Review Act
Mr. THUNE. Mr. President, when it comes to what is happening in
Washington, DC, it is often the legislation Congress is considering
that gets the lion's share of attention, but just as significant are
the regulations being put out by the executive branch. Regulations may
not seem as significant as legislation, but they can have just as far-
reaching an effect as any law and can radically shift Federal policy.
A look at the Presidential administration's regulations can tell you
a lot about that administration's approach to government. Over the past
2-plus years, the Biden administration has built a record of regulation
that reflects its big-government, big-spending priorities.
Take the President's student loan giveaway, which, if the
``forgiveness'' portion is not overturned by the Supreme Court, is set
to cost taxpayers nearly $1 trillion over the next decade, or take his
overreaching waters of the United States rule, which, if enforced,
would give the Federal Government sweeping jurisdiction over most water
features on private property, including things like irrigation ditches,
ephemeral streams, and even prairie potholes.
The ability to create regulations gives a Presidential administration
a lot of power--and the ability to do a lot of damage. Checks do exist
on the regulatory power, however, and one check is provided by the
Congressional Review Act, which allows Congress to pass resolutions of
disapproval that repeal the regulations in question. The President
still has to sign the resolution for it to go into effect or else two-
thirds majorities in both Houses of Congress have to override his veto.
But the tool can be used to check excessive use of regulatory power.
Senate Republicans have been making regular use of the Congressional
Review Act this Congress to attempt to address some egregious Biden
administration regulations. We have passed nine now resolutions of
disapproval of Biden administration actions so far this year, every
single one of which has been bipartisan, which goes to show just how
extreme the actions in question are.
I mentioned Senator Capito's resolution to overturn the
administration's waters of the United States rule. It is an Obama-era
relic resurrected by the Biden Environmental Protection Agency. As I
mentioned, if enforced, this rule would give the Federal Government
jurisdiction over a vast number of water features on private property,
including things like irrigation ditches and even prairie potholes--
something we are very familiar with in my region of the country.
Farmers, ranchers, and other private landowners could see parts of
their land rendered useless for months while the Federal Government
determines what restrictions to impose. Landowners could also be faced
with huge compliance costs, and the value of their land could plummet.
Now, I say ``if enforced.'' While nine Democrats in the House and
five in the Senate joined Republicans to pass a resolution disapproving
the President's WOTUS rule, the President vetoed the resolution. But,
in a victory for landowners, the Supreme Court recently ruled to
clarify and limit the Federal Government's reach under the Clean Water
Act, which effectively overturns the President's WOTUS rule.
I also mentioned the President's student loan giveaway. The
forgiveness part of the President's student loan giveaway would cost
taxpayers somewhere in the neighborhood of half a trillion dollars over
the next decade. The President's legal authority to unilaterally
forgive student debt is extremely dubious, not to mention how unfair it
is to ask the many Americans who worked hard to pay off their loans or
who never pursued college in the first place to take on the burden of
student debt for individuals who took out loans for college or graduate
school and agreed to pay them back.
With Senator Cassidy's leadership in the Senate, Republicans in the
House and Senate, joined by a handful of Democrats, passed a resolution
disapproving of the administration's student loan forgiveness
overreach, but the President vetoed it. However, the President's
forgiveness plan could still be overruled by the Supreme Court, which
is set to release his decision on two student loan forgiveness cases as
soon as this week.
Another terrible Biden administration regulation that Republicans,
through Senator Braun's efforts, have attempted to check is the
President's rule that allows pension plan fiduciaries--those are the
individuals who manage Americans' retirement accounts--to consider so-
called environmental, social, and governance factors and not just the
rate of return when investing their customers' money.
In other words, the individuals who manage $11.7 trillion of
Americans' retirement are no longer required to make investment
decisions based solely on maximizing return. It might come as a
surprise to many of the people out there who have funds invested.
Instead, they will now be allowed to opt for a less valuable investment
if they prefer its environmental profile.
[[Page S2082]]
House and Senate Republicans passed a resolution disapproving of this
rule, but unfortunately, again, the President vetoed it, meaning that
for now retirees may have to accept that environmental goals--
environmental goals--can come ahead of giving them a secure retirement.
But it was important to bring attention to this regulation--one of a
number of radical environmental regulations from the Biden
administration.
Senate Republicans have also passed resolutions from Senators Mullin
and Marshall addressing Biden administration overuse of the Endangered
Species Act; a resolution from Senator Lummis addressing the
administration's expansive new definition of ``critical habitat,''
which could have major negative consequences for landowners and
businesses; a resolution from Senator Fischer disapproving of an EPA
rule on truck emissions that could drive some smaller trucking
companies out of business entirely--and more. We have more resolutions
of disapproval in the pipeline.
While, unfortunately, President Biden has predictably vetoed attempts
to check his administration's aggressive use of Federal power, we have
had some successes.
When Senator Capito announced her intention to challenge a Federal
Highway Administration memo discouraging States from pursuing highway
expansion projects and prioritizing funding for projects that reduce
emissions, the Federal Highway Administration withdrew the memo and
issued a revised version without the problematic language, which was a
win for infrastructure investments in rural areas.
As I mentioned, while the President vetoed the resolution
disapproving of his overreaching waters of the United States water
rule, the Supreme Court's recent decision effectively overturning this
regulation is a win for farmers, for ranchers, and for other
landowners--and, honestly, for common sense.
While it wasn't a Biden administration regulation, Senator Hagerty
led a successful charge in the Senate to overturn Washington, DC's
crime bill that would have weakened penalties for a number of crimes.
Congress, of course, has the legal authority to block DC ordinances
thanks to Federal legislation rooted in the Constitution which gives
Congress legislative jurisdiction over the seat of the U.S.
Government--namely, Washington, DC.
Republicans' effort to overturn DC's dangerous new crime bill
ultimately persuaded the President to change his mind and sign the
resolution of disapproval.
As we move forward, Republicans will continue to use the
Congressional Review Act to push back against overreaching regulations
from the Biden administration. We may not always be successful, but at
the very least, we can highlight the true cost of the Biden
administration's regulations and the burdens they place on our economy
and on hard-working Americans.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mrs. SHAHEEN. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.