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 future of Fusionism with Stephanie Slade
In this week’s episode we cover federal vs. state rules for prediction markets, the difference between Detroit and Pittsburgh, and a…
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The week in regulations: Mariner training and Maryland trash
The federal government’s annual budget deficit hit $2 trillion. Defense Secretary Pete Hegseth pledged to livestream an execution. Thirty-year Treasury bond interest rates continued…
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Free the Economy podcast: Competition and innovation with Jack Nicastro
In this week’s episode we cover the case of Suncor v. Boulder County at the Supreme Court, the problems with the Los…
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Op-Eds
Do-er/Thinker Alliances: How Capitalists Can Defend Capitalism
The Fraser Institute of Canada just released a new book called Demographics and Entrepreneurship: Mitigating the Effects of an Aging Population. The book contains a series of 10…
InsideSources
Government Report Breaks Down Taxpayer Funded Union Hours
InsideSources cited Trey Kovacs on the irony and need for getting rid of “official time” where union officials are paid with tax-payer dollars while conducting…
Reason
Congress Just Voted to Repeal a Few Bits of Dodd-Frank
Reason cited John Berlau on the boon to small banks in being able to provide financial relief to Americans that is occuring with deregulation of…
Blog
Trump Maintains a One-In, Five-Out Pace for Rules and Regulations
How many deregulatory actions have been taken so far in the Trump administration? Along with 16 congressional “resolutions of disapproval” of existing Obama-era regulations—another…
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Federal Deregulation Can Exceed What Gets Reported in Unified Agenda
In tracking the Trump administration’s regulatory vs. deregulatory actions, there can be discrepancy between the official Unified Agenda compilation (the tally that’s been around…
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This Week in Ridiculous Regulations
It was a relatively slow week, with 44 proposed regulations and 62 final regulations, though the Supreme Court did rule the federal ban on…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
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Ryan Young
Senior Economist and Director of Publications
- Antitrust
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
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Sam Kazman
Counsel Emeritus
- Antitrust
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Marlo Lewis, Jr.
Senior Fellow
- Climate
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- Energy and Environment