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.
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Free the Economy podcast: The Independence Index with Marc Wheat
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Permitting Reform for a Freer and More Prosperous Nation
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Guidance Documents of the Week: Social Security Administration and Treasury
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This Week in Ridiculous Regulations
It was a four-day week for the federal government as the nation celebrated Independence Day. Meanwhile, agencies published new regulations ranging from the Paper and…
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Clyde Wayne Crews
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