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
Blog
Free the Economy podcast: Political drinking with Jarrett Dieterle
In this week’s episode we cover student loans, revenue from tariffs, democracy in Hong Kong, and the impact of podcasts…
Blog
From cuts to costs: Why federal paperwork keeps piling up
The Office of Management and Budget’s (OMB) release of the 2023 Information Collection Budget (ICB) paints a troubling picture of not just of growing federal…
Blog
This week in ridiculous regulations: Mergers and mail
The 2024 Federal Register topped 90,000 pages and is now the second-longest ever, dating back to 1936, with more than a month still to go.
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Forbes
The GAO Weighs In On Regulatory Reform Options For Congress
The Government Accountability Office’s (GAO) December 2023 Options for Enhancing Congressional Oversight of Rulemaking and Establishing an Office of Legal Counsel ought not be overlooked by Congress,…
Blog
Attention regulators: Be on the lookout for the ALERT Act
It has been almost a quarter-century since the federal government performed an assessment of the aggregate costs of regulation of regulatory intervention. Late last year,…
News Release
House Oversight and Accountability Committee advances pro-transparency ALERT Act
The House Oversight and Accountability Committee today advanced H.R. 262, the All Economic Regulations are Transparent (ALERT) Act sponsored by Rep. Bob Good (R-VA).
Blog
Use the Congressional Review Act to strike rules not reported to Congress and GAO
Significant attention is likely to turn to Joe Biden’s ambitious regulatory agenda before summertime. That’s because rules the administration finalizes “late”—during the last 60 in-session…
Blog
This week in ridiculous regulations: address labels and consumer reviews
Yet another federal shutdown crisis was averted, this time until March. The Senate Environment and Public Works Committee marked up the PROVE It Act,…
Blog
This week in ridiculous regulations: Independent contractors and emergency haddock action
Happy MLK-government snow shutdown days, everyone. There was more shutdown drama last week. The US launched strikes against the Houthis, one of three factions trying…
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Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
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Ryan Young
Senior Economist
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
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