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
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Abolish, shuffle, repeat: The SOTU’s ill omen for federal retrenchment
Shrinking the federal government and abolishing agencies sounds simple — decisive, even. In practice, however, it appears neither can be done under modern administrative-…
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Trump’s SOTU conundrum: Deregulation today, swamp tomorrow?
Donald Trump’s 2026 State of the Union (SOTU) address presents an opportunity to confront the federal spending, entitlement, and regulatory behemoth in a new way…
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The week in regulations: Grandfathered driver vision and socializing dogs
The Supreme Court declared President Trump’s IEEPA tariffs unconstitutional. The White House responded by enacting a 15 percent global tariff under a different statute. The…
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NCPA
An End to Out-of-State Beer?
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Legalized Internet Gambling in New Jersey?
What does it take to get governments to deregulate? You might think the answer is “a miracle” or maybe “drugs in the water,” both of…
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Video Games are More than Just Good for Kids
They will be a primary way that we learn, teach, produce and advance in the future. Jane McGonigal of Institute for the Future has…
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Morning Media Summary
Tech: LimeWire Resurrected By Secret Dev Team: “Last month, the Gnutella-based file-sharing client LimeWire was effectively outlawed after a U.S. federal judge granted…
Investors' Business Daily
Tax Preparers Shouldn’t Get IRS Favors
Taxes are big business. And not just for the federal government, which collects over $1 trillion per year in income tax revenue alone. Because the…
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USDA Puts Fox in Charge of Guarding the Hen House
A proposed new rule from the USDA's Grain Inspection, Packers & Stockyards Administration is one more example of obscure regulatory agencies run amok. What makes…
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Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
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Ryan Young
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Marlo Lewis, Jr.
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