The Associated General Contractors of America strongly urged Congress to repeal a host of Obama administration regulations under the Congressional Review Act (CRA).
Regulations that Congress could possibly roll back under the CRA include: implementing regulations for both the Fair Pay and Safe Workplaces Executive Order and the Paid Sick Leave Executive Order; the Occupational Safety and Health Administration’s Electronic Injury and Illnesses Recordkeeping Rule—for which OSHA recently recalibrated its controversial drug testing position—and the Equal Employment Opportunity Commission’s revised EEO-1 Report, which would expand pay data reporting requirements.
The CRA enables Congress to overturn a federal agency rule, guidance or general policy statements—with simple majorities in both the House and Senate—issued within 60 legislative days. Based on past history, such agency actions potentially ripe for CRA repeal for the new Republican Congress and president would have to have been finalized sometime in May 2016. The regulations AGC put forth fit those and other parameters under the CRA. Although the new overtime rule—which doubles the overtime salary threshold for Fair Labor Standards Act exempt employees—falls within the May 2016 timeline, the CRA specifically excludes rules that address wages from congressional repeal consideration. It should also be noted that the CRA has only been effectively used once since its enactment in 1996.
The CRA is a more powerful and effective tool for, essentially, permanently eliminating these Executive Branch actions than President-elect Trump simply rescinding those executive orders and using the regulatory process to unwind the regulations. Under the CRA, a federal agency cannot reissue the rule that has been repealed unless Congress passes and the president signs into law provisions authorizing the disapproved rule. As a result, a new president and administration cannot merely issue a new rule later.
There are still many pending Obama regulations that may go final between now and Inauguration Day. AGC has been in close contact with Republican congressional leadership and committee leadership to inform them not only of the aforementioned regulations, but also about what is on deck for CRA repeal considerations.
