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: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
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The week in regulations: Drone settlements and gambling losses
The 2026 Federal Register topped 20,000 pages. President Trump got into a feud with the Pope. Agencies issued new regulations ranging from mail standards to…
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Free the Economy podcast: How to Get What You Want with Josh Bandoch
In this week’s episode we cover AI development in China, how large investors recycle homes, and why permitting reform needs to…
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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