ILMA Compoundings June 2017 - 34

WASHINGTON LANDSCAPE

Congressional Review
Act Scorecard
T
By Daniel Bryant

he Congressional Review Act
(CRA) is a legislative tool that
allows Congress to nullify
regulations from federal agencies if
acted upon within 60 "legislative days"
under a resolution of disapproval.
The CRA was passed in 1996 as part
of then-Speaker of the House Newt
Gingrich's (R-Ga.) "Contract with
America." Importantly, all CRA resolutions not only invalidate the rule,
but they also prevent federal agencies
from promulgating a substantially
similar regulation in the future unless
Congress approves it.

Prior to the
Trump administration, the CRA had
been seldom used. In
fact, it was only used
successfully once before,
early in former President George W. Bush's
administration..."
The Senate Republican Policy
Committee calculated the CRA's 60
legislative days and determined that
Congress had until approximately May
8 to override rules that were issued
between June 13, 2016, and Jan. 3,
2017, by the Obama administration.
That date is predicated upon the number
of days Congress is in session, so it

34

JUNE 2017

| COMPOUNDINGS | ILMA.ORG

may move depending upon recesses.
Final rules published after Jan. 4 have
different deadlines.
Prior to the Trump administration,
the CRA had been seldom used. In fact,
it was only used successfully once before,
early in former President George W.
Bush's administration, when Congress
nullified the Occupational Safety and
Health Administration's (OSHA) ergonomics regulation promulgated by the
outgoing Clinton administration.
However, the current Republicancontrolled Congress and President
Donald Trump have used the legislative
override 13 times to nullify Obama-era
rules, including the following:

House Joint Resolution (H.J. Res.)
83 - OSHA: Congress passed a resolution of disapproval nullifying OSHA's
recordkeeping rule that I discussed in the
March issue of Compoundings. OSHA,
through its rulemaking, attempted to
expand the time - to five years -
within which an inspector could cite an
employer for failure to create and preserve accurate injury and illness records.
However, the Occupational Safety and
Health Act provides a six-month statute
of limitations, and the CRA resolution
cements the six-month limitations period going forward.
H.J. Res. 37 - Department of
Defense, et. al.: This CRA action
blocked implementation of the regulation commonly referred to as the
"blacklisting rule." It required contractors and subcontractors on any federal
contract worth more than $500,000
to disclose even minor violations of

regulations, including those covering
safety and health, wage and hour, family and medical leave, and civil rights.
The business community felt that
the regulation placed unnecessarily
burdensome requirements on companies and could result in removing
some law-abiding businesses from the
federal procurement process.
H.J. Res. 44 - Department of the
Interior: Congress overturned the Bureau of Land Management's update to
its resource management plans under
the Federal Land Policy and Management Act of 1976.
H.J. Res. 38 - Department of the
Interior: Commonly referred to as
the "stream protection rule," this CRA
resolution nullified the regulation
covering coal mining operations and
the imposition of financial obligations
that many Republicans felt were onerous and would cost jobs.
H.J. Res. 41 - Securities and
Exchange Commission: The regulation required the disclosure under
the Dodd-Frank Wall Street Reform
and Consumer Protection Act that
resource extractors make public
disclosures regarding any payments
to governments for the rights to
secure commercial development of
oil, natural gas or minerals. The CRA
resolution nullified those disclosure
requirements.
H.J. Res. 57 and 58 - Department
of Education: Pertains to teacher
preparation program requirements and
accountability and state plans under


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ILMA Compoundings June 2017

Table of Contents for the Digital Edition of ILMA Compoundings June 2017

Letter From the President
Letter From the CEO
Inside ILMA
What's Coming Up
Industry Rundown
In the Know
International Insight
Market Report
Lubricant Manufacturers Heed New Safety Regulations
Finding a Balance
Making the Most of Your Data Management
Business Hub
Counsel Compound
Washington Landscape
In Network
Member Connections
Cross Connections
Portrait
ILMA Compoundings June 2017 - Cover1
ILMA Compoundings June 2017 - Cover2
ILMA Compoundings June 2017 - 1
ILMA Compoundings June 2017 - 2
ILMA Compoundings June 2017 - Letter From the President
ILMA Compoundings June 2017 - 4
ILMA Compoundings June 2017 - Letter From the CEO
ILMA Compoundings June 2017 - Inside ILMA
ILMA Compoundings June 2017 - 7
ILMA Compoundings June 2017 - What's Coming Up
ILMA Compoundings June 2017 - 9
ILMA Compoundings June 2017 - Industry Rundown
ILMA Compoundings June 2017 - In the Know
ILMA Compoundings June 2017 - International Insight
ILMA Compoundings June 2017 - 13
ILMA Compoundings June 2017 - Market Report
ILMA Compoundings June 2017 - 15
ILMA Compoundings June 2017 - Lubricant Manufacturers Heed New Safety Regulations
ILMA Compoundings June 2017 - 17
ILMA Compoundings June 2017 - 18
ILMA Compoundings June 2017 - 19
ILMA Compoundings June 2017 - 20
ILMA Compoundings June 2017 - 21
ILMA Compoundings June 2017 - Finding a Balance
ILMA Compoundings June 2017 - 23
ILMA Compoundings June 2017 - 24
ILMA Compoundings June 2017 - 25
ILMA Compoundings June 2017 - Making the Most of Your Data Management
ILMA Compoundings June 2017 - 27
ILMA Compoundings June 2017 - 28
ILMA Compoundings June 2017 - 29
ILMA Compoundings June 2017 - Business Hub
ILMA Compoundings June 2017 - 31
ILMA Compoundings June 2017 - Counsel Compound
ILMA Compoundings June 2017 - 33
ILMA Compoundings June 2017 - Washington Landscape
ILMA Compoundings June 2017 - 35
ILMA Compoundings June 2017 - 36
ILMA Compoundings June 2017 - 37
ILMA Compoundings June 2017 - Member Connections
ILMA Compoundings June 2017 - 39
ILMA Compoundings June 2017 - 40
ILMA Compoundings June 2017 - Cross Connections
ILMA Compoundings June 2017 - 42
ILMA Compoundings June 2017 - 43
ILMA Compoundings June 2017 - Portrait
ILMA Compoundings June 2017 - Cover3
ILMA Compoundings June 2017 - Cover4
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