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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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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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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Wisconsin Judge To Voters: “Drop Dead”
Who needs elections when you have judges? In Wisconsin, the voters have decided to reform their state's collective bargaining laws. They did so by, 1)…
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Alcohol Regulation Roundup: Back To School Edition
Alabama: Up until last year brewpubs were illegal in Alabama due to a law that prevented beer being sold on the same site where…
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Chicago Teachers Union: Overpaid Babysitters?
The grand themes of the current Chicago teacher's strike opera are broadly similar to other union-agitated public work stoppages. The union makes demands (more money, etc.) the city/company balks ("We can't…
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Unions Seek To Make Michigan A Mediterranean State
On September 5, the Michigan Supreme Court gave a green light to the so-called “Protect our Jobs Amendment” (POJA) for the November 6 ballot. The proposed…
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More than 1600 pages of regulations added to Federal Register last week, cost now $1.8 trillion per year
From Michael Bastasch’s article in The Daily Caller: Last week, 1,641 pages of regulations were added to the 2012 Federal Register, meaning it…
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Federal Government: Fire Good Employees, Hire Bad Ones
The Obama administration is pressuring employers outside the financial sector to hire felons, even as its regulations force employers in the financial sector to fire "thousands…
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
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
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