Shining Light on the Federal Regulatory Process

Full Committee on Oversight and Reform
Full Committee on Oversight and Reform
Hearing Date: March 14, 2018 10:00 am 2154 Rayburn HOB

  • To assess federal agencies’ processes for and compliance with rulemaking and guidance procedure requirements.
  • Federal agencies issue thousands of regulations per year, making it difficult for regulated entities and the general public to comply with regulatory directives.
  • Agencies are issuing a significant quantity of regulatory directives through guidance documents that are difficult to track and have few procedural standards.
  • To better understand the scope of guidance, the Committee requested information on guidance documents issued from 46 agencies. The responses show agencies routinely fail to comply with the Congressional Review Act’s (CRA) requirements and the Office of Management and Budget’s 2007 “Good Guidance” Bulletin.
  • Administrations tend to increase regulatory activity towards the end of presidential terms, by issuing regulations after the election, referred to as “midnight rulemaking.” A significant number of “midnight rules” and guidance documents are not compliant with the CRA.

Witnesses and testimonies

Name Title Organization Panel Document
Ms. Kris Nguyen Acting Director, Strategic Issues Division Government Accountability Office Document
Mr. Paul Noe Vice President of Public Policy American Forest and Paper Association Document
Ms. Karen Harned Executive Director, Small Business Legal Center National Federation of Independent Business Document
Professor Nicholas Parrillo Professor of Law Yale Law School Document
Mr. Amit Narang Regulatory Policy Advocate Public Citizen Document