The race to regulate picks up as November election approaches

A continuing theme of the Trump administration has been to reduce the burden of regulations on American businesses. One of the earliest indications of the seriousness of that pledge was the administration's unprecedented use of the Congressional Review Act (CRA) in 2017 to repeal 16 regulations implemented during the Obama administration. But there appears to be a change of heart, or politics, of late.

CRA intended to prevent overreach

First, the background. Before 2017, the CRA was a little-known product of the "Contract with America," spawned by Newt Gingrich as a salvo in the battle with "the administrative state." The CRA created a streamlined process for Congress to exercise its authority over the executive branch by allowing lawmakers to repeal regulations issued by federal agencies through a joint resolution of disapproval.

The CRA requires that agencies submit their rules to both houses of Congress and the Government Accountability Office (GAO) before they take effect. Upon receiving a rule, Congress generally has 60 legislative days (i.e., days Congress is actually in session rather than calendar days) to introduce a special joint resolution of disapproval of the rule. Only a simple majority in both chambers is needed for the measure to head to the president for his signature or veto. If the president vetoes the resolution, a two-thirds majority in both chambers can override the veto.