Obama-Era Regs on the Chopping Block

Steven D. Schwinn, John Marshall Law School

The White House and Congress are working at a very quick pace to strike late-promulgated Obama-era administrative regulations under the Congressional Review Act.

That Act allows Congress to pass, and the President to sign, a joint resolution of disapproval to revoke certain administrative regulations. The Congressional Research Service has a backgrounder here, with links to other CRS reports on the Congressional Review Act.

President Trump has issued statements telling Congress that he'll sign four joint resolutions now pending in Congress: (1) a Labor rule on drug testing of unemployment compensation applicants, (2) a BLM reg that establishes procedures to prepare, revise, or amend federal land-use plans, (3) an Ed. rule relating to accountability and state plans under the Elementary and Secondary Educational Act of 1965, an (4) Ed. rule related to teacher preparation.

Congress has considered several resolutions of disapproval since 1996, but overturned just one regulation, a 2000 OSHA rule related to workplace ergonomics standards. President Obama vetoed five resolutions of disapproval, and Congress failed to override the vetoes, so none passed.

With the Republican-controlled House and Senate likely to pass these disapproval resolutions--the Senate minority can't filibuster a CRA disapproval resolution--President Trump's anticipate four overrides will set a record.