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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Here’s how one-in, ten-out is successfully cutting rules — but not draining the swamp
It’s October already, and while there’s no real fiscal year for federal regulation, the September 30 closing of the 2026 budgetary fiscal year marks…
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The week in regulations: Drug prices and inedible almonds
Sen. Eric Schmitt (R-MO) learned the difference between the Atlanta Hawks and the Iowa Hawkeyes. President Trump rolled back some China tariffs and published…
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Free the Economy podcast: Real-world economics with Paul Mueller
In this week’s episode we cover spiraling health care costs, reforming state-level regulations, and how to keep asset managers accountable…
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Consumer Product Safety Law Backfires, Killing Thousands of Jobs
A consumer-product safety law recently passed by Congress will drive up the price of children’s clothes and toys and put thousands of small toymakers…
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Regulating Our Way to Recovery
Normal 0 false false false MicrosoftInternetExplorer4 Tucked in the massive stimulus bill passed by the House Appropriation Committee is a $4.5 billion appropriation for…
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TV Transition follies: Plaguing consumers then and now.
Looks like the “digital television transition” to abandon analog and make high-definition broadcasts the standard is not going to happen as planned, but is…
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The New Green Economy?
I’ve spent a while crunching the numbers relating to energy and environment spending in the stimulus bill. The bill will spend about $80 billion on…
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Avoiding Political Erectile Dysfunction
According to the Congressional Budget Office, “Bailout to Nowhere” money for the proposed new infrastructure stimulus won’t be spent within the next two years–far too…
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The Not So Good, the Bad, and the Really Ugly
Not all stimulus programs are created equal. If the goal of the latest economic bailout package that Congress is considering is as President Elect Obama…
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Clyde Wayne Crews
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Ryan Young
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Fred L. Smith, Jr.
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