Issue link: http://palletcentral.uberflip.com/i/801657
26 PalletCentral • January-February 2017 palletcentral.com ow that the dust has settled a bit from the recent Presidential election, Washington will brace itself for an unprecedented new political climate. So what does the outlook for the 115th Congress look like, with a GOP White House and Congress? Here is what NWPCA members might expect to see in the coming months. First, expect that much more legislation will move through the process. However, this does not mean that the GOP will have a free hand. The GOP still retains only a slight majority in the Senate (the Chamber where, "bills go to die"), and under the Senate's open rule, action in that Chamber requires 60 votes. As a result, Senate Democrats will be as obstructive as they deem necessary, and can hold up final action on a great deal of legislation. How the Senate Majority leader handles this impasse remains to be seen, but already there is talk of McConnell – similar to what Harry Reid (D-NV) did when he was Senate Majority Leader – exercising the "nuclear option" and doing away with the 60 vote filibuster. Secondly, while the GOP only retains its slight majority, the party is aware that all eyes are on them to show they cannot only legislate, but unite their party's vision and bring it to fruition. Therefore, expect Congressional Review Act (CRA) discussion right out of the gate. The CRA is an oversight tool that Congress may use to overturn a rule issued by a Federal agency. The CRA allows Congress to repeal federal regulations within 60 legislative days of submission. The 60-legislative-day clock resets at the beginning of each Congress for all rules enacted in the 60 legislative days prior to the final day of congressional adjournment. With the conventions and all the other politicking in a presidential election year, those legislative days were few in 2016. Congress adjourned and closed the 114th session on December 10th, meaning that all federal regulations issued after June 1, 2016 are open for repeal. There are over 200 regulations eligible, but only a handful are real targets for repeal. What Does This Mean for Regulated Entities and Industries? While the complexion of legislation moving through a GOP Congress will look much different than that in a Democrat Congress, the simple fact that legislation is moving offers both promise and extreme peril. Although many might support the general thrust of reinvigorated Congressional action under GOP leadership, the need to stay engaged and involved is, in fact, MORE important than previously for two reasons: 1. You Can't Miss the Ferry. A relatively safe assumption in previous Congresses was that most legislation would die of inaction; you cannot adopt this posture now. Bills are going to be marked up and moved through committee, and stand a much greater chance of becoming law. It is imperative to remain engaged with Congress to ensure that resulting legislation reflects your needs and values. It is axiomatic in Washington that, "if you're not at the table, you're on the menu." ADVOCACY N Legislation Moving in By Ashley Delgado 2017