How to Attack Red Tape
It may be easier than they thought:
For each rule, the CRA requires the federal agency making it to issue a report to Congress. And it turns out that the 60-day time limit for Congress to roll back that rule starts either when the rule is published or Congress receives the report on it — whichever comes later.Thank you, bureaucrats?
"There was always intended to be consequences if agencies didn't deliver these reports," [the Pacific Legal Foundation's Todd] Gaziano tells me. "And while some Obama agencies may have been better at sending reports, others, through incompetence or spite, likely didn't." Bottom line: There are rules for which there are no reports. And if the Trump administration were now to submit those reports—for rules implemented long ago—Congress would be free to vote the regulations down.
Assuming this is all accurate, it will be very interesting to see which older rules are now vulnerable due to such an oversight in issuing a report. The failure to cross T's and dot I's could be very costly for those portions of the liberal agenda that Obama sought to advance through the regulatory process.