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A little-known provision of the old National Defense Act is being used to fill the positions at federal agencies and departments that are vacant.
Through the Congressional Review Act (CRA), a 1996 piece of legislation, Congress can take action to cancel any law that has been signed into law by a president, and it also gives Congress the authority to overturn regulations that the White House has put into place.
The CRA, like the more famous Congressional Review Act, gives Congress the ability to overrule presidential orders.
Those orders can range from, say, having a presidential adviser replace a Cabinet position to requiring the president to issue a rule or a regulation.
There have been a few instances of the CRA being used to undo presidential orders, most notably with the Commerce Department in August of 2017, when the new Secretary of Commerce, Wilbur Ross, cancelled some of the orders the outgoing Department of Commerce gave on the import-export of steel and aluminum.
I bring this up because the CRA was used by Congress to cancel the orders that created millions of job vacancies, back in April of 2017.
The old National Defense Act (NDAA) is set to expire on Sept. 30, 2017, so Congress had the power to use the CRA to cancel all regulations that were put in place as part of the 2016 NDAA.
According to the Congressional Research Service, those regulations are listed in 871 CFR, which is the Code of Federal Regulations.
So, to summarize, this means that Congress had the ability to cancel regulations that created an estimated 4.9 million federal employees.
The CRS said the estimated number of jobs would have been more if Congress had not canceled the regulations that placed a cap on the minimum wage, and they also said the number of jobs could have been greater if the repeal of the regulations on the garnishment of Social Security and other Federal benefits had not been canceled.
There is another batch of regulations that is scheduled to be repealed in September, 2017. And, again, according to the CRS, it would have added the equivalent of about 3.2 million jobs.
These regulations were in the 2017 NDAA, which became law in August of 2016.
So, in three separate instances Congress has had the opportunity to use the CRA to cancel the regulations that were put in place
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