New Report: It's Time to Repeal the Congressional Review Act

by James Goodwin | May 02, 2018

Over the last couple of weeks, conservatives in Congress have continued their assault on public safeguards using the once-obscure and once-dormant Congressional Review Act (CRA). If their latest adventure succeeds, it will be the 16th public protection that these members, working with in concert with President Donald Trump, have obliterated over the last year, laying waste to a broad and diverse range of measures related to public health, safety, the environment, and consumer financial protection. 

The anti-safeguard lawmakers behind these CRA-fueled attacks have already demonstrated what a dangerous law the CRA is, especially in the wrong hands, but this latest action would take the law to an unprecedented and even more extreme level. It targets a 2013 "bulletin" by the Consumer Financial Protection Bureau (CFPB) aimed at discriminatory auto lending practices. As such, this would be the first time the CRA has been used to wipe out a so-called "guidance document" – a common type of agency action that seeks to promote regulatory certainty but itself does not have the independent force of law – and the first time the CRA has been used against an agency action that was not recently finalized. Sponsors of this attack are trying to create a new loophole in the CRA that would enable them to treat the CFPB guidance as if it was recently finalized and thus eligible for repeal under the CRA, throwing open a Pandora's box of potential assaults on additional ...

At House Judiciary Hearing, CPR's Steinzor to Call for Repeal of Congressional Review Act

by James Goodwin | September 27, 2017
Tomorrow, CPR Member Scholar Rena Steinzor is scheduled to appear before the Subcommittee on Regulatory Reform, Commercial and Antitrust Law of the House Judiciary Committee to testify at a hearing focused on the Congressional Review Act (CRA). The CRA is a controversial law that has been aggressively used this past year by the majority in Congress and the Trump administration to repeal 14 regulatory safeguards that would have protected consumers, workers, and our environment. In her testimony, Steinzor makes the ...

No Way to Make a Sausage

by Matthew Freeman | June 29, 2017
As appalling as the first five months of the Trump presidency have been to those of us who care about public policy and good government, we can't claim to be surprised. As Hillary Clinton memorably explained to historians last summer in Philadelphia, "There is no other Donald Trump. This is it." But what has been a surprise is how bad this Congress has been at legislating. Paul Ryan and Mitch McConnell are hardly newbies to the Washington scene or the ...

The Congressional Review Act Is No Solution

by James Goodwin | June 01, 2017
This post was originally published on The Regulatory Review. Over the last several years, conservative opponents of regulatory safeguards for health, safety, the environment, consumers, and the economy have gradually coalesced around a grand theory for why the supposed balance of policymaking powers between the executive and legislative branches has become so, well, unbalanced. These opponents’ theory goes something like this: Congress faces strong incentives to delegate too much substantive policymaking authority to federal agencies because delegation creates a political “win-win.” By passing statutes with ...

New CPR Project - CRA by the Numbers: The Congressional Review Act Assault on Our Safeguards

by James Goodwin | April 25, 2017
If Donald Trump has learned anything over the last 100 days, it's that unlike in golf, you can't call a Mulligan on the beginning of your presidency, no matter how much it might improve your score.  These last few months have been long on scandals and failure (Russian probes, the spectacular implosion of Trumpcare, etc.) and short on policy accomplishments, particularly in the legislative realm. This sad state of affairs has left Trump's PR team looking to inject some positive ...

The GOP's Race to Repeal

by Matthew Freeman | April 04, 2017
This June marks the 75th anniversary of the Battle of Midway, the great sea battle that was the turning point of the war in the Pacific. The American victory over the Japanese at Midway, a tiny atoll literally midway between California and Japan, ended the period of expansion of Japanese-held territory in the Pacific. And so began the long, bloody march that led to Iwo Jima and Okinawa, and that eventually led American bombers to Hiroshima and Nagasaki. Last week, ...

Congress Wants Land Agency to Ignore the Facts and Future

by Robert Glicksman | February 28, 2017
Imagine you come across a colleague sitting at his desk amid piles of yellowed papers. When you ask what he is working on, he says it's his annual family budget. "What's with all the old papers?" you might ask. "Oh," he replies, "I always work my new budget off my receipts and bills from 1983, the year we married. Some of them are getting pretty hard to read." "Don't you keep updated records?" you might ask. "And haven't your family ...

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