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…
Search Posts
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A Handshake, Not a “Contract with America”
Newt Gingrich’s new “Strategy Memo: Time for a Real Stimulus Bill” is helpful on highlighting tax cuts that could stimulate business’ capacity for job…
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Fishy Politics May Harm US Consumers
The various US attempts to hobble the Vietnamese farmed-catfish industry is no less underhanded. And, in order to prevent a trade war with Vietnam, it…
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Lamar Smith on Cap and Tax
A good, short, succinct summary of why Rep Lamar Smith (R.-KY) voted against Cap-and-Tax. Hat-tip: The Chilling Effect [youtube:http://www.youtube.com/watch?v=SBFwZUiGOWs 285 234]…
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Doing Business in DC
DC Progress notes that Washington, DC has ranked dead last in the annual Small Business Survival Index every year since the mid-1990s. One of the…
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Growing Young Statists
Gene Healy’s column in Examiner today chronicles the alarming statism and collectivism of today’s youth and tomorrow’s voters. The generation born from the…
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Reason’s Shikha Dalmia on EFCA’s Binding Arbitration Provision
With Al Franken joining the Senate, public attention is again turning to the so-called Employee Free Choice Act (EFCA). In the weekend Wall Street Journal,…
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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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