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…
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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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Goodbye, Mother Harriette: Loose Lips Daily
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Obama’s Call for Light Bulb Regulation Not a New or Bright Idea
Eager to sustain his regulatory whirlwind, President Obama is now calling for efficiency standards for household and business lighting. As if the climate-themed…
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Regulation of the Day: Cap and Trade
The Waxman-Markey cap and trade bill that passed the House last week contains 397 new regulations.
Op-Eds
Non-Profits Can Help the District’s Failing Economy
Public charities — organizations that do everything from advocating for wildlife to supporting stronger national defense — are the heart of Washington, D.C.’s private…
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Supreme Court Rules in Favor of White and Hispanic Firefighters in Ricci v. DeStefano
The Court reversed a decision by the Second Circuit Court of Appeals, including Judge Sonia Sotomayor. . . The Supreme Court held that this was…
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Regulation of the Day: School Buses
Because of overwhelmingly negative comments, DOT has decided not to go forward with a proposed change to federal school bus policy (isn’t education supposed to…
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