The fearless regulation killer

I had vaguely heard of the Congressional Review Act, which permits Congress to nix a regulation within 60 legislative days.  A bright young feller showed up at this week's Republican retreat and pointed out that the deadline isn't 60 days after the regulation is issued, it's 60 days after the later of the date it's issued or the date the agency issues a report on it.  In most cases during the recently concluded administration, the agencies didn't bother.  That means Congress can vote down a whole slew of regulations with a majority vote--no filibuster.

“If they haven’t reported it to Congress, it can now be challenged,” says Paul Larkin, a senior legal research fellow at the Heritage Foundation. Mr. Larkin, also at Wednesday’s meeting, told me challenges could be leveled against any rule or guidance back to 1996, when the CRA was passed.

The best part? Once Congress overrides a rule, agencies cannot reissue it in “substantially the same form” unless specifically authorized by future legislation. The CRA can keep bad regs and guidance off the books even in future Democratic administrations—a far safer approach than if the Mr. Trump simply rescinded them.

Republicans in both chambers—particularly in the Senate—worry that a great use of the CRA could eat up valuable floor time, as Democrats drag out the review process. But Mr. Gaziano points out another hidden gem: The law allows a simple majority to limit debate time. Republicans could easily whip through a regulation an hour.