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: Taxing the rich with Jared Walczak
In this week’s episode we cover America’s low-income churn, reforms to civil asset forfeiture, changes to vehicle emissions testing, a shout…
Blog
The week in regulations: Bone void filler and halibut action
May’s job numbers were strong for the third month in a row, though job growth since Liberation Day remains under 100,000, for a labor force…
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Free the Economy podcast: State budgets and bailouts with Thomas Savidge
In this week’s episode we cover promising new classroom technology, increasing productivity (and avoiding layoffs) with AI, and the repeal of the…
Search Posts
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Unions Stall on EFCA, Advance Elsewhere
The Democratic Congress’s failure to pounce instantly to pass the so-called Employee Free Choice Act (EFCA), also known as the “card check” bill, presents a…
Blog
Obama Distorts Ledbetter v. Goodyear Case, In Signing Lilly Ledbetter Fair Pay Act
In signing his first bill into law, Obama didn’t let facts get in the way of a good story, or milking a political wedge issue.
Blog
COP, America’s Financial Paper Tiger
The Congressional Oversight Panel (COP) recently issued a report on the TARP. This report represents the second in a monthly series of reports to be…
Blog
That Was Fast: Stimulus Passes House
The House of Representatives has just passed the $800-billion stimulus package which President Obama hopes to make a centerpiece of his administration’s early economic…
Newsletter
Stimulus to Nowhere, Banning Cell Phone Cameras and More Money for Ethanol
Republicans on Capitol Hill attack the $825 billion economic stimulus bill championed by President Obama. Rep. Peter King (R-NY) introduces legislation to ban silent cell…
Blog
DeMint’s Smaller-Government Stimulus
This week, Senator Jim DeMint (R-S.C.), in response to President Obama’s stimulus plan, announced his own alternative stimulus package, which David Weigel, at the Washington…
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