Since our last update (March 31), we have seen some movement regarding CRA resolutions. There have been no new resolutions signed into law (only two so far), but two more resolutions have cleared both chambers, so we can expect a signature from the president soon.
- H.J.Res. 25 (“Gross Proceeds Reporting by Brokers That Regularly Provide Services Effectuating Digital Asset Sales”) passed both the House and the Senate (292-132 and 70-28, respectively). This CRA resolution gathered a high level of bipartisan support, which undermines the usefulness of the CRA as a way to overcome the filibuster. This resolution was sent to the president on April 1.
- H.J.Res.24, whichtargets a rule by the Department of Energy relating to “Energy Conservation Program: Energy Conservation Standards for Walk-In Coolers and Walk-In Freezers,” passed the House on March 27 (203-182), with 45 legislators not voting. From these, 20 were Republicans and 25 were Democrats. This resolution has not yet been sent to the president.
Additionally, three resolutions have cleared one chamber and are on the legislative calendar waiting for a second vote.
- S.J.Res.18, which targets a rule submitted by the Consumer Financial Protection Bureau relating to “Overdraft Lending: Very Large Financial Institutions,” passed the Senate by a 52-48 vote (Sen. Josh Hawley (R-MO) opposed the resolution). This could be a sign that Republicans may not have the votes in the House). The House is expected to vote on this resolution on April 8.
- S.J.Res.28, which targets a rule submitted by the Consumer Financial Protection Bureau relating to “Overdraft Lending: Very Large Financial Institutions,” passed the Senate by a 51-47 vote, and is currently on the House calendar for April 8.
- H.J.Res.20, which targets a rule submitted by the Department of Energy relating to “Energy Conservation Program: Energy Conservation Standards for Consumer Gas-fired Instantaneous Water Heaters,” passed the House by a 221-198 vote.
In addition, legislators introduced seven more CRA resolutions during the past week, six of which target vehicle emission standards set by the state of California. More on this below.
Legislators target California waivers despite GAO and Senate parliamentarian opinions
Perhaps the most important — and potentially dangerous — development has to do with the continued abuse of CRA resolutions by Republicans in Congress, this time seeking to undo three EPA waivers allowing California to set its own vehicle emissions standards. They’re trying to move forward with these measures despite clear disqualifying opinions from the Government Accountability Office (GAO) and the Senate parliamentarian.
On April 4, House Republicans introduced CRA resolutions to reverse a series of Biden administration waivers allowing California to set stringent vehicle emission standards (these are the Advanced Clean Cars II, Advanced Clean Trucks, and low nitrogen oxides standards). Republicans took these steps despite an adverse opinion from GAO, which said that waivers are not subject to the CRA on the grounds that they are not “rules” covered by the law, but instead they are “orders” exempt from it.
On April 4, the Senate parliamentarian also ruled that the EPA’s preemption waivers for California’s vehicle emissions programs are not subject to the CRA. This further undermined the procedural legitimacy of using CRA resolutions to undo EPA’s waivers for California. It was unclear, however, whether the parliamentarian’s decision would put an end to the effort. These doubts were cleared on Friday, as Senate Republicans decided to introduce CRA resolutions to undo the three emissions standards previously targeted by resolutions in the House.
It remains to be seen whether the House and the Senate will vote on these resolutions. As of today, we have not seen any of these resolutions scheduled for a vote, but this could change in the coming days. Republican lawmakers are running against the clock: Congress has a 60-day window to use the CRA once an agency opens a rule for review. According to the Senate calendar, there are only five work days left for the Senate to act before lawmakers leave for the April recess and lawmakers run out of time to undo the waivers for California’s clean vehicles rules.
