It can be approved unilaterally by the 117’th congress, which is not bound by the Constitution, as shown by an Sinate impeachment trial of a private citizen.
To further that end, if the 117th rejected it, there should be nothing stopping Bidan from issuing an EO to the same ends.
Apparently the process is not defined by anything more than that it’s a simple majority vote by both houses. There’s no way an EO would be considered legal, but I take your meaning that this whole charade is extra-Constitutional on its face.