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…
Blog
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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FDA Poised to Regulate Tobacco, Which May Backfire
Congress is about to enact a bill to subject tobacco to FDA regulation. Mark Berlind notes one anomalous feature of the bill: it…
Blog
Eleventh Circuit Grants Rehearing in Reeves v. C.H. Robinson Worldwide, Which Gutted Statutory Limits on Sexual Harassment Claims
Can you sue your employer because your co-workers listen to raunchy radio programs? A federal appeals court is reconsidering its 2008 ruling…
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Public Wants Wasteful Stimulus Package Canceled
By a margin of 45% to 36%, the American people want to cancel the $787 billion stimulus package, reports pollster Rasmussen Reports. Economist…
Newsletter
Broadband Stimulus, Fiat Takes Over Chrysler and the UN’s World Oceans Day
Business and advocacy groups flood the Federal Communications Commission with comments on the agency’s proposed national broadband plan. Italian automaker Fiat…
Blog
Regulation of the Day: Saving the Children
On June 26, the National Commission on Children and Disasters is having a meeting. They will be talking about another meeting from the day before.
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Supreme Court Vacates Stay Order in Chrysler Case, Refuses to Rule on Legal Challenges At This Time
The full Supreme Court just vacated the stay that Justice Ginsburg earlier entered that had temporarily blocked the government’s plan for Chrysler. Why it…
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