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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Idaho’s successful regulatory reform
Over at National Review, my colleague Hayden Stolzenberg and I examine some of Idaho’s recent regulatory reforms, as outlined in a recent CEI paper.
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The missing guardrail in crisis politics: Discipline
Modern American governance has developed a troubling pattern. Economic shocks like the 21st century’s financial panics and pandemic are often met with vast expansions of…
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The week in regulations: Music royalties and avocado maturity
The Iran war continued to raise oil prices. The Trump administration took steps to raise tariffs under Section 301 of the 1974 Trade Act, but…
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Trump sketches out a battle plan on housing affordability
Housing affordability has become a front burner issue, and President Trump spared no time setting out his plan targeting the government regulations and red tape…
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A game-changing Trump executive order could nuke regulatory dark matter
In the wake of Donald Trump’s flurry of executive actions—including implementing a regulatory freeze, eradicating Biden’s diversity, equity, and inclusion (DEI) policies and staffing, and…
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Regulators need to cool off and slow down their rulemakings
Rep. Harriet Hageman (R-WY) has reintroduced an important bill that would make the administrative rulemaking process fairer for the public. Known as the “Regulatory…
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This week in ridiculous regulations: Paper packaging and de minimis imports
Presidents Biden issued a slew of executive actions on his way out of office. President Trump issued a slew of executive actions on his way into office.
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Free the Economy podcast: Able Americans with Rachel Barkley
In this week’s episode we cover Trump’s executive orders, the demographics of the 119th Congress, our nation’s narrowing fiscal space, reforms…
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DOGE at a crossroads – An opportunity for real regulatory reform
The Department of Government Efficiency (DOGE) began with a promise to revolutionize Washington, bringing a chainsaw to government with sweeping regulatory and budget cuts. However,…
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