There are two main areas in which Congress can enact meaningful reform. The first is to rein in regulatory guidance documents, which we refer to as “regulatory dark matter,” whereby agencies regulate through Federal Register notices, guidance documents, and other means outside standard rulemaking procedure. The second is to enact a series of reforms to increase agency transparency and accountability of all regulation and guidance. These include annual regulatory report cards for rulemaking agencies and regulatory cost estimates from the Office of Management and Budget for more than just a small subset of rules.
In 2019, President Trump signed two executive orders aimed at stopping the practice of agencies using guidance documents to effectively implement policy without going through the legally required notice and comment process.
Featured Posts
National Review
From Munitions Shortage to Ebola, Dodd–Frank Minerals Measure Makes Things Worse
A scan of news headlines warns readers of two seemingly unrelated dangers around the globe. One is a potential shortage of missiles, interceptors, and…
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The week in regulations: School libraries and sport pilots
The Federal Reserve raised interest rates. Congress passed a Russia sanctions bill that gives President Trump more tariff authority. Agencies issued new regulations ranging…
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Free the Economy podcast: The Overton Window with James Hohman
In this week’s episode we cover Treasury yields, oil prices, US-China-Taiwan security policy, and Trump’s $5,000 dividend checks. Our…
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The Wall Street Journal
A Republican Proposal to Feed the Country to the Swamp
Progressives dream of making the District of Columbia into a state, but now a pair of Republican senators have the same vision reflected through a…
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This Week in Ridiculous Regulations
While the nation celebrated Thanksgiving with family and friends, rulemaking agencies published new regulations ranging from almond information to missile accidents.
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This Week in Ridiculous Regulations
Congress averted a government shutdown until December 20th by passing a continuing resolution. The Fall 2019 Unified Agenda was also released, which compiles all rulemaking…
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Trump Regulatory Reform Agenda By the Numbers: End of One-In, Two-Out?
The Trump administration has released the Fall 2019 edition of the twice-yearly Unified Agenda of Federal Regulatory and Deregulatory Actions. Late and incomplete compared to the last…
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This Week in Ridiculous Regulations
The 2019 Federal Register has already exceeded its page count during President Trump’s first year in office, with more than a month to spare and…
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Ex-Im Reauthorization Vote Today in the House
The House of Representatives will vote on reauthorizing the Export-Import Bank today. Even if Ex-Im is reauthorized, the fight over it has already yielded a…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist and Director of Publications
- Antitrust
- Business and Government
- Regulatory Reform
Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
- Aviation
- Business and Government
Sam Kazman
Counsel Emeritus
- Antitrust
- Automobiles and Roads
- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment