With Trump’s Signature, Dozens of Obama’s Rules Could FallThe New York Times, Nov. 15, 2016, Stacy Cowley
Dozens of major regulations passed recently by the Obama administration — including far-reaching changes on health care, consumer protections and environmental safety — could be undone with the stroke of a pen by Donald J. Trump and the Republican-controlled Congress starting in January, thanks to a little-used law that dates back to 1996.
And it comes with a scorched-earth kicker: If the law is used to strike down a rule, the federal agency that issued it is barred from enacting similar regulation again in the future.
The obscure law — called the Congressional Review Act — was passed 20 years ago at the behest of Newt Gingrich, then the House speaker and now a member of Mr. Trump’s transition team. It gives Congress 60 legislative days to review and override major regulations enacted by federal agencies. In the Senate, the vote would not be subject to filibuster.
The president can veto the rejection, which usually renders the law toothless. But when one party controls both the White House and Congress, it can be a powerful legislative weapon.
So far it has only been successfully used once: In 2001, a Republican Congress invoked it to eliminate workplace safety regulations adopted in the final months of President Clinton’s tenure. President George W. Bush signed the repeal two months after his inauguration, wiping out stricter ergonomics rules that had been 10 years in the making.
On Jan. 20, when Mr. Trump takes office with a Republican-controlled Congress — one that has indicated its zeal for undoing President Obama’s doings — more than 150 rules adopted since late May are potentially vulnerable to the ax, according to an analysis by the George Washington University Regulatory Studies Center.
“It allows the election results to be applied almost retroactively, to snip off activity that happened at the end of the last administration,” said Adam Levitin, a law professor at Georgetown.
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