Federal agencies push 'midnight' rule-making flurry under Obama

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Cool_Breeze

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I don't know if this 'could' in anyway affect deeming regulations. It looks like the deeming regulations were 'finalized' May 5, 2016, so perhaps not.

"Republicans who hope to undo segments of Obama's legacy have a powerful tool to do so in the Congressional Review Act of 1996. The law will enable Congress in January to repeal, with a simple-majority vote, any agency rule completed after May 30, 2016, as Politico reported. After blocking any rule with that mechanism, the agency would be barred from enacting anything that is "substantially the same."

"And some Republicans are pushing to bolster the tool by enabling Congress to repeal groups of regulation wholesale, instead of dismantling it piece by piece."

Federal agencies push 'midnight' rule-making flurry under Obama
 

zoiDman

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I don't know if this 'could' in anyway affect deeming regulations. It looks like the deeming regulations were 'finalized' May 5, 2016, so perhaps not.

"Republicans who hope to undo segments of Obama's legacy have a powerful tool to do so in the Congressional Review Act of 1996. The law will enable Congress in January to repeal, with a simple-majority vote, any agency rule completed after May 30, 2016, as Politico reported. After blocking any rule with that mechanism, the agency would be barred from enacting anything that is "substantially the same."

"And some Republicans are pushing to bolster the tool by enabling Congress to repeal groups of regulation wholesale, instead of dismantling it piece by piece."

Federal agencies push 'midnight' rule-making flurry under Obama

Under the CRA, it is 60 "Session Days" (Not Calendar Days) after a Rule has been Published in the Federal Registry.

So once again, Is there going to be Congressional Review of what the FDA has just Announced?


How is the Congress in involved in reviewing final rules?



Under the Small Business Regulatory Enforcement Fairness Act (also known as the
Congressional Review Act), new final rules must be sent to Congress and the Government
Accountability Office for review before they can take effect. “Major rules” (ones that are
economically significant and require OIRA review) must be made effective at least 60 days after
the date of publication in the Federal Register, allowing time for Congressional review. In
emergency situations, a major rule can be made effective before 60 days.

If the House and Senate pass a resolution of disapproval and the President signs it (or if both
houses override a presidential veto), the rule becomes void and cannot be republished by an
agency in the same form without Congressional approval. Since 1996, when this process
started, Congress has disapproved only one rule.

Congress may also exercise its oversight in other ways, by holding hearings and posing
questions to agency heads, by enacting new legislation, or by imposing funding restrictions."


https://www.federalregister.gov/uploads/2011/01/the_rulemaking_process.pdf

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Why have we been Waiting for 5 Years for this Day to Come, and Now that it is here, there is Confusion about what Happens Next?

Here is an Article which gives some Info and Perspective on the CRA.

http://thehill.com/blogs/pundits-bl...onal-review-act-rarely-used-and-almost-always
 

DrMA

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I don't know if this 'could' in anyway affect deeming regulations. It looks like the deeming regulations were 'finalized' May 5, 2016, so perhaps not.

"Republicans who hope to undo segments of Obama's legacy have a powerful tool to do so in the Congressional Review Act of 1996. The law will enable Congress in January to repeal, with a simple-majority vote, any agency rule completed after May 30, 2016, as Politico reported. After blocking any rule with that mechanism, the agency would be barred from enacting anything that is "substantially the same."

"And some Republicans are pushing to bolster the tool by enabling Congress to repeal groups of regulation wholesale, instead of dismantling it piece by piece."

Federal agencies push 'midnight' rule-making flurry under Obama
Deeming was published in the Fed Register in July. It can be rescinded by Congress via CRA. We must lobby our representatives to do so. Forget about Cole-Bishop. The opportunity is now to scrap the deeming altogether & prevent FDA from ever regulating vaping in any form indefinitely.
 
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