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: The business of Federalism with Derek Kreifels
In this week’s episode we cover childcare in the 50 states, how to fix rising healthcare costs, the new Institute for…
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The week in regulations: Pipeline safety and NFL Draft security
Federal Reserve Chair nominee Kevin Warsh had his confirmation hearing, and President Trump dropped his criminal investigation into Jerome Powell. The government is poised to…
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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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Renewable Energy Jobs Will Have To Wait
The porcine stimulus bill passed by the House contains $15 billion in capital investments and loan guarantees for renewable energy projects and new electric transmission…
Newsletter
A Plea for Bottled Water, Stimulus to Nowhere and Al Gore’s Venus Envy
Emergency officials in Kentucky put out the call for volunteers and donations of bottled water. Republicans leaders doubt that the federal stimulus spending bill will…
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Len Nichols of NAF on Incentives in Health Care
12:52pm Len Nichols of the New America Foundation is driving down the same “Middle Road” that the last panel plotted out. So far,…
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Heart Docs & Health Reform: What about Regulation?
I’m listening now to a panel discussion at the America College or Cardiology Health System Reform Summit. The panel’s topic: “Health Care Reform: State Models…
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Increasingly Lost Property Rights
Most people probably think “wetlands” should be wet. But not in the view of federal bureaucrats. Land can be perfectly dry–indeed, never have the slightest…
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FACT Check the Internet’s Future
The Future of American Communications (FACT) working group funded by the Media Democracy Fund released its official report on the 26th of January. The report,…
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
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Sam Kazman
Counsel Emeritus
- Antitrust
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- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment