Congressional Review Act-Trump May Unwittingly Agree to Tie His Hands, Limit Executive Power

Washington Post, January 9, 2017

THE BIG IDEA: Donald Trump is eager to score some early wins, so that he can look like an effective leader, and congressional Republicans are fixing to give him bills he can sign immediately upon taking office.

But, for the new president, some might bring unintended consequences.  The Congressional Review Act is such an incredibly powerful tool that it has only been used once in the two decades it has been on the books. In the next couple months, it will probably be used about half a dozen times.  Somewhere around 150 rules finalized by the Obama administration – going as far back as last June – could be overturned under the CRA, if Congress passes a “joint resolution of disapproval” and the new president signs off.

High on the chopping block:  Regulations which would curb methane emissions from the oil and gas sector, prohibit coal-mining companies from engaging in activities that permanently pollute streams used for drinking water and increasing the salary threshold below which employees are entitled to overtime pay.

Industry lobbyists are also pushing GOP lawmakers to get of nondiscrimination and fair pay rules for federal contractors.  And a bunch of companies are trying to drum up AstroTurf support for rescinding Energy Department efficiency standards for dehumidifiers, battery chargers and air conditioners.

But here’s the rub: the executive branch may never again be allowed to regulate on these subjects if the Congressional Review Act is employed.  It is hard to overstate what a big deal that is and how much it raises the stakes.