Overnight Regulation: House passes GOP bill targeting last-minute Obama regs

Welcome to Overnight Regulation, your daily news from the federal agencies, Capitol Hill, the courts and beyond. It’s Thursday evening here in Washington and we can’t get over that selfie Republicans took with Vice President-elect Mike Pence today.  

Here’s the latest.

THE BIG STORY 

The House on Thursday passed legislation that would allow Congress to overturn in a single vote any regulations finalized in the last days of the Obama administration.

Despite Democratic opposition, the Midnight Rule Relief Act passed largely along party lines, by a 240-179 vote. The bill would amend the Congressional Review Act to allow Congress to overturn many rules all at once by way of a resolution.

Rep. Bob Goodlatte (R-Va.) urged his colleagues on the floor Thursday morning to pass the legislation and tell the American people that lawmakers heard them on Election Day loud and clear.

“The American people have said no to the continuance of the Obama administration’s policies,” he said.

“This bill guarantees that Congress can prevent any and all last-minute defiance of the people’s will by midnight regulations that stubbornly seem to entrench the last pieces of the administration’s bipartisan agenda.”

House Republicans are doing everything in their power to keep the Obama administration from enacting any new rules in its final days.

Earlier in the week, House Majority Leader Kevin McCarthy (R-Calif.) warned the federal agencies in a letter not to finalize any pending rules or regulations from now to the inauguration. Those that are, he assured, will be scrutinized and — if appropriate — overturned. 

While the bill targets rules finalized in the lame-duck period between Election Day and President-elect Donald Trump’s Jan. 20 inauguration, Rep. Hank Johnson (D-Ga.) argues its reach is much further.

Despite the bill’s colorful title, he said the legislation allows Congress to overturn rules finalized as far back as May.  

Johnson cited pro-regulatory groups like Public Citizen to dispute Republican claims that midnight regulations are rushed through at the end of an administration in haste. Quoting a recent report, he said rules finalized in the last three months of an administration take 3.6 years on average to complete.

“This is a solution to a non-existent and undocumented problem,” he said, adding that once a rule is invalidated, an agency cannot adopt a similar rule without Congressional consent.

Rep. Sheila Jackson Lee (D-Texas) accused House Republicans of trying once again to undermine President Obama.

“This is en bloc destruction of regulations that may save lives,” she said. “This is to say, ‘In your eye, Mr. President.'”

The bill’s author, Rep. Darrell Issa (R-Calif.), rebutted that claim.

“The Congress lady would have you believe it’s an attack on our president. It’s not,” he said. “It’s a law that would allow Congress to reassert the authority that’s constitutionally and inherently always ours.”

The conservative and libertarian advocacy group, FreedomWorks, praised the bill’s passage. 

“The Obama administration’s regulatory agenda has been damaging to the economy and destructive to separation of powers in Article I of the Constitution,” the group’s CEO Adam Brandon said in a statement. 

“While Congress has a long road ahead to restore Article I and reclaim its power from the executive branch, the Midnight Rules Relief Act is a step toward that goal. http://bit.ly/2fAMUJ9

ON TAP FOR FRIDAY  

Sen. Ted Cruz (R-Texas) will speak at the 2016 National Lawyer’s Convention on “The Jurisprudence and Legacy of Justice Scalia.” The 3-day conference in D.C. has also featured Supreme Court Justice Samuel Alito. 

TOMORROW’S REGS TODAY

The Obama administration will publish 188 new regulations, proposed rules, notices and other administrative actions in Friday’s edition of the Federal Register.

Here’s what is happening:

–The Federal Trade Commission (FTC) is moving forward with new rules for used car salesmen.

The FTC will require used car salesmen to encourage potential buyers to obtain a vehicle history report and check to see whether any safety recalls have been issued for the car they are about to purchase.

The rule goes into effect on Jan. 27. http://bit.ly/2fAG9XB

–The Department of Energy (DOE) is proposing new radiation protections for workers.

The proposed changes to the occupational radiation protections will correct mistakes in the rules, the agency said.

The public has 30 days to comment. http://bit.ly/2gn7uP1

–The Department of Labor (DOL) is moving forward with new workplace protections to prevent injuries from falling.

The Labor Department’s Occupational Safety and Health Administration (OSHA) announced Thursday new rules aimed at preventing “slips, trips, and falls, as well as other injuries and fatalities associated with walking-working surface hazards.”

The fall protections will address ladders, ropes, and other potential fall hazards for workers.

The rule goes into effect in 60 days. http://bit.ly/2f4Eupy

NEWS RIGHT NOW

Trump could repeal $42B in regs, report says. http://bit.ly/2g2Npdz

Fed chief Yellen: I’m not resigning. http://bit.ly/2fJkjPo

Rick Perry considered for Energy Secretary (Wall Street Journal). http://on.wsj.com/2eHGKYn

GOP lawmakers targets labor regs in reform bills. http://bit.ly/2gl2NV0

Feds scrutinize used car salesmen. http://bit.ly/2f8RzRL

OSHA updates worker fall protections. http://bit.ly/2fAKqKx

FCC chairman blasts changed agenda. http://bit.ly/2g088Nd

Coal industry looks to Trump for lifeline. http://bit.ly/2f52kBa

Dakota Access CEO: We’re building the pipeline http://bit.ly/2gndKGq

BY THE NUMBERS

48: Number of major regulations Trump could repeal when he enters the White House, according to a business-friendly group.

$42B: Cost those rules have on the economy, according to the group.

(Source: American Action Forum). http://bit.ly/2g2Npdz

QUOTE OF THE DAY 

“Buckle up,” Vice President-elect Mike Pence reportedly said while meeting with House Republicans about the first 100 days of the Trump administration on Thursday. http://cnn.it/2flqcBP