Wednesday, January 13, 2016

From Politico: Obama pushing thousands of new regulations in Year 8 The calendar says there are 13 months left to Barack Obama's presidency. But when it comes to exercising executive power, it's more like five.

A look at how a president can exercise political power when Congress is held by the opposition party and the nation is distracted by a campaign. This is a good look at how the executive branch works.

- Click here for the story.
Nearly 4,000 regulations are squirming their way through the federal bureaucracy in the last year of Barack Obama’s presidency — many costing industry more than $100 million — in a mad dash by the White House to push through government actions affecting everything from furnaces to gun sales to Guantánamo.
That means a full court press at the Occupational Safety and Health Administration (OSHA) to reduce exposure limits for silica, a chemical used widely in construction and fracking that can cause cancer when inhaled; at the Bureau of Alcohol, Tobacco, Firearms and Explosives, to require more small-scale gun sellers to perform background checks; and at the Food and Drug Administration, to make food manufacturers disclose on product labels how much sugar they add to cranberry juice.
Much of this work will be carried out in the coming months by career bureaucrats working in the bowels of federal agencies, but the cumulative effect adds up to something larger: A final-year sprint by a president intent on using executive power to improve the lives of American workers and consumers — in many instances over loud objections from the businesses that will have to pay for it.
The work must be done swiftly in most cases because any regulation finalized after May
17 or thereabouts risks being blocked by Congress.

. . . The mid-May deadline isn’t statutory or in any way official, but neither is it arbitrary. It arises from the Congressional Review Act, a 1996 law that gives Congress 60 legislative days to veto, by a special swift procedure, any regulation it dislikes before the rule takes effect.

The president may veto Congress’s veto, as Obama did the one time he faced this situation. But if the 60-day period extends past the inauguration of a new president, and if that president is of the opposing party — a President Donald Trump, say, or Ted Cruz or Marco Rubio — any resolution of disapproval against his predecessor will surely go unchallenged.