The Independent View: Democrats Introduce Resolutions to Reject Trump Administration Rules

Democratic Members of Congress have introduced Five Resolutions under, the Congressional Review Act (CRA), to Review Federal Rules issued during the Trump Administration.

The CRA allows Congress to Vote on Rejecting Regulatory Rules that Federal Administrative Agencies have Issued.

To Reject a Rule, both Chambers of Congress have to Pass a Resolution Disapproving the Rule.

CRA Resolutions are Not subject to Filibuster, meaning only a Simple Majority is required to Pass them. President Biden would then have to Sign the Resolution into Law.

Congress has until Apr 4th, 2021, under the CRA to Reject any Regulatory Rules the Trump Administration issued after Aug. 21st, 2020.

Since the CRA's Enactment in 1996, Congress has Repealed 17 out of the more than 90,000 Rules published in the Federal Register. Sixteen of those instances occurred during the Trump Administration.

In 2001, during George W. Bush's (R) Presidency, Congress Reversed an Occupational Safety and Health Administration Rule issued during Bill Clinton’s (D) Presidency.

Here's a summary of the Rules each Resolution seeks to Block:

- Sen. Chris Van Hollen (D-MD) and Rep. Jesus “Chuy” García (D-IL, 4th District) introduced Companion Resolutions to Block an October 2020 Rule from the U.S. Comptroller of the Currency (OCC). The Rule aims to determine when Banks are the True Lender in situations where Banks provide the Money for Third-Party Organizations to Extend Credit to Borrowers.

- Sen. Sherrod Brown (D-OH) and Delegate Michael F.Q. San Nicolas (D-Guam) introduced Companion Resolutions to Block a November 2020 Rule from the U.S. Securities and Exchange Commission (SEC). The Rule changed Regulations governing Shareholder Proposal Submissions.

- Sen. Martin Heinrich (D-NM) and Rep. Diana DeGette (D-CO, 1st District) introduced Companion Resolutions to Block an Environmental Protection Agency (EPA) Rule from September 2020. The Resolution would Restore the Obama Administration's Methane Standards that the EPA Reversed during the Trump Administration.

- Sen. Patty Murray (D-WA) and Rep. Bobby Scott (D-VA, 3rd District) introduced Companion Resolutions to Block an Equal Employment Opportunity Commission (EEOC) Rule changing the Conciliation Process, which is an Alternative to Litigation.

- Rep. Raja Krishnamoorthi (D-IL) introduced a Resolution to Block a Rule from the U.S. Department of Health and Human Services (HHS) that sets Expiration Dates for HHS Regulations unless the Agency Reviews those Regulations according to Regulatory Flexibility Act requirements. As of March 30th, No Companion Resolution had been filed in the Senate.