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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Huffington Post
Unfair Policies Drive Up Home Prices
In an article for CNN, Democrat vice presidential candidate Tim Kaine outlines his and Hillary Clinton’s plan to promote fair housing – indeed a…
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Can a New President Cut Regulations Unilaterally?
Both presidential candidates have delivered economic speeches over the past two weeks, and both have at least given a nod to red tape and the…
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This Week in Ridiculous Regulations
Friday’s Federal Register was one of the year’s biggest, with 74 agency notices, 4 proposed regulations and 15 final regulations spanning 1,119 pages.
Forbes
How The Next President Can Use Executive Power To Jumpstart Economic Growth On Day One (Part 2)
The Federal Register contained over 7,700 rules and regulations among an all-time-record 73,000 pages the year President Reagan was elected. One response was his Executive…
Forbes
How The Next President Can Use Executive Power To Jumpstart Economic Growth On Day One (Part 1)
After what will have been eight years of debate over executive overreach and Barack Obama’s “pen and phone,” and it will be time for…
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This Week in Ridiculous Regulations
88 new regulations last week, from poultry improvement to nuclear philosophy.
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