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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Free the Economy podcast: Affording the American Dream with Akash Chougule
In this week’s episode we cover what’s making housing so expensive, the common good of the Constitution, and more jawboning…
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The week in regulations: Mailing live animals and crash test dummy comments
A Trump administration envoy to Russia called Vladimir Putin a humanitarian. The Justice Department announced it will sue if the Republican Senate candidate in…
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Free the Economy podcast: The Grim Old Days with Chelsea Follett
In this week’s episode we cover global energy security, a new lawsuit against Section 338 tariffs, and fresh talent in…
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Is Cognitive Dissonance an Insured Condition?
Rep. Diana DeGette is proposing: 1)That health insurers' antitrust exemption be removed. 2) Require, by law, that people buy health insurance. What one hand giveth,…
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Regulation of the Day 63: Sports Agents in New Hampshire
It is illegal to be a sports agent in New Hampshire without a Secretary of State-issued certificate. Don’t forget your biennial renewal!…
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Health Insurer Competition and Democratic Saber Rattling
Last week, after the industry association America’s Health Insurance Plans released a study showing that premiums would rise 18 percent under the Senate Finance Committee’s…
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Bill Gates Says Africa Needs GMOs
On Friday, Bill Gates announced at the World Food Summit in Des Moines that the Bill and Melinda Gates Foundation would be redoubling its efforts…
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Regulation of the Day 62: Government Employees and Texting while Driving
Executive Order No. 13513 prohibits federal employees and contractors from texting while driving while on duty.
Newsletter
Teacher Unions, Obama’s Climate Czar and Public Choice
Director Bob Bowden exposes corruption and waste in public schools in the new film The Cartel. Critics object to the potentially sweeping powers of President…
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