Saturday, April 08, 2017

Prediction for a Democratic Congress: Reverse Congressional Review Acts

This article on the President's accomplishments notes that several of the bills he's signed into law are revocations of regulations as provided by the Congressional Review Act. The CRA provides if the Congress revokes a regulation, the agency cannot later issue a new regulation on the same subject.  There is an exception, however: Congress can specifically authorize the agency to regulate the subject.

My prediction is this means that CRA revocations will become like the Mexico City rule (no federal money for population control info):  each new administration (change of control of Congress) will result in legislation switching the revocations.  That is, when the Democrats regain control of Congress they'll pass a law(s) authorizing agencies to reissue the regulations killed this spring by the Republican Congress.  An interesting question: under the Administrative Procedure Act would the agencies be able to bypass the proposed rulemaking process if the regulation is reinstated verbatim?

No comments: