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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Shutdown lesson: Depend less on DC
The record-length shutdown showed how dependent many Americans are on Washington. This is one of the biggest flaws in the ongoing nationalization of politics. In…
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The week in regulations, the final shutdown edition: Manifest mailing and broken trash incinerators
The federal shutdown is over. Since the Federal Register has a few days’ lag time for publishing agency documents, it will likely take until this…
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An executive order to make freedom mandatory
The White House Office of Management and Budget’s (OMB) new “Streamlining the Review of Regulatory Actions” memorandum signals a potentially transformative shift in Washington’s…
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Op-Eds
From the Pumps to the Polls
Does the high price of gasoline hurt Bush or Kerry? It hurts both of them.<?xml:namespace prefix = u1 /> <?xml:namespace prefix = o…
News Release
Economists Urge President to Support Investment in Telecommunications
Contact for Interviews: <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Richard Morrison, 202.331.2273 …
Op-Eds
Federal Regulations Pump up Gasoline Prices
The stage is set for sky-high gasoline prices this summer. We probably won't threaten the inflation-adjusted record of $2.90 per gallon set in 1981,…
Op-Eds
An Open Letter to Randy A. Daniels, Secretary of State
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Op-Eds
The New Reason For Pain at the Pump
Everyone knows that the recent rise in the price of oil has had an effect at the pump, but something less well known…
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Culture Wars
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> When Americans hear the word “outsourcing,” they typically imagine the movement of <?xml:namespace prefix =…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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