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: 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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The week in regulations: Safe explosives and baker’s yeast
President Trump proposed an export ban on diesel fuel. Mortgage rates topped 7 percent. Agencies issued new regulations ranging from bank mergers to window…
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Free the Economy podcast: Gen Z capitalism with Sam Raus
In this week’s episode we cover how data centers power our lives, how modern technology is fueling family togetherness, and the…
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This Week in Ridiculous Regulations
Despite a Labor Day-shortened work week, agencies still found time to issue regulations from soap to whales.
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Rewards and Risks of a Federal Regulatory Budget (Part 6)
By shedding light on comparative agency activity, budgeting and simultaneous improved congressional oversight could counter agency overreach.
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This Week in Ridiculous Regulations
The 2016 Federal Register broke the 60,000-page mark last week, and became the 25th-largest edition in the Register’s 81-year history before Labor Day.
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RealClear Radio Hour: American Indian, EpiPen, and Free Speech Fiascos
In this episode of RealClear Radio Hour, we discuss the fiascos of government overreach and overregulation—on American Indian reservations, in the EpiPen saga, and with…
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Rewards and Risks of a Federal Regulatory Budget (Part 5)
Benefits, even more so than costs do not lend themselves to measurement by a third party or external observer, and abuse will result from the…
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Rewards and Risks of a Federal Regulatory Budget (Part 4)
This week I began by making the case for the idea of a regulatory cost budget but wanted to spend time exploring looming pitfalls and…
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