February 12, 2016

Agency Final Rules Submitted After May 16, 2016, May Be Subject to Disapproval in 2017 Under the Congressional Review Act

From: Congressional Review Service | CRS Insight

Christopher M. Davis, Richard S. Beth

With a change in the occupancy of the White House taking place in 2017, some in Congress are paying renewed attention to a parliamentary mechanism that might enable a new Congress and new President to overturn agency final rules of the Obama Administration issued after mid-May 2016.

Under this calculation, agency final rules submitted to Congress after May 16, 2016, will be subject to renewed review periods in 2017 by a new President and a new Congress. If the chambers deviate from the schedule projected by the party leaders, these estimates will necessarily change. Also, CRS day count estimates are unofficial and non-binding. The House and Senate Parliamentarians are the sole definitive arbiters of the operation of the CRA mechanism and should be consulted if a formal opinion is desired. For more on the Congressional Review Act, see CRS Report RL34633, Congressional Review Act: Disapproval
of Rules in a Subsequent Session of Congress and CRS Report R43992, The Congressional Review Act: Frequently Asked Questions.

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