Reason #6708 That Trump Was Elected

Trump administration moves to stop 'dark' regulations from federal agencies

The Trump administration will take action Thursday to crack down on federal agencies’ ability to issue rules, memos and other documents that can have a binding regulatory effect without ever being reviewed by Congress.

Office of Management and Budget Acting Director Russell Vought is issuing new guidance to all agencies on complying with the Congressional Review Act, a 1996 law that requires “major” rules be submitted to Congress at least 60 days before they take effect.

A senior administration official told The Washington Times that the Trump administration has found, with Government Accountability Office reports, that “agencies sometimes under-comply with CRA.”
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OMB’s action will replace guidance for a 1999 Clinton-era executive order that the official described as the “cornerstone of OMB review” standards. The official said the new action will “create a uniform set of procedures” by having OMB review all major rule determinations, even those from independent agencies.

OMB’s Office of Information and Regulatory Affairs has authority for the review of executive branch regulations and other proposals.

The CRA gives lawmakers the ability to reject proposed rules, which can cover anything from classifying independent contractors as employees to offering discounts on auto loans. The Competitive Enterprise Institute’s Clyde Wayne Crews Jr. has referred to such actions, often issued as bulletins or memos, as “regulatory dark matter” because they require compliance without ever having been subject to a period of public comment and review.

“When you’re a regulated party, if an agency is telling you ‘This is how I intend to enforce this rule,’ you’re going to treat it pretty much as binding,” said another administration official. “It often does impose very significant obligations.”

A worthy effort, but my guess is that except in rare cases, the Congress isn't really interested in taking the power to control federal regulations back. Responsibility is not really their thing. It's a lot more fun to just give money to people in exchange for votes.