On the recordApril 17, 2018
I am here to give some brief remarks about what we are on right now, which is a Congressional Review Act vehicle to reconsider agency guidance. There is nothing that sounds more arcane and wonky than that. The issue at hand has to do with disparate treatment of people when they go in to get a car. There is plenty of evidence that Black and Brown people are taken advantage of and treated more poorly in the credit context than White people. So the CFPB went to collect data and to require that people be treated fairly. I will be voting against this CRA vehicle, but I actually think there is a bigger, broader, more concerning issue. I am going to try to work with the Parliamentarian's office and with the leadership of both parties to try to address it. Although it is arcane, it is very worrisome for the Senate itself. The Congressional Review Act passed in 1996. The idea was straightforward: All rules have to have some authority beyond the desire for the agency to want to promulgate rules. It is subject to review by the Congress. In other words, if you don't like what an agency is doing, now there is a pathway called privileged, which allows the Congress to go ahead and overturn that rule. In the Senate, it is especially important because it is not subject to a 60-vote threshold. This is a big deal. This allows Congress to say any time there is a rule made: We are going to overturn it with a bare majority threshold.…
Source
govinfo.gov




