[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.