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.
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Free the Economy podcast: Political drinking with Jarrett Dieterle
In this week’s episode we cover student loans, revenue from tariffs, democracy in Hong Kong, and the impact of podcasts…
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From cuts to costs: Why federal paperwork keeps piling up
The Office of Management and Budget’s (OMB) release of the 2023 Information Collection Budget (ICB) paints a troubling picture of not just of growing federal…
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This week in ridiculous regulations: Mergers and mail
The 2024 Federal Register topped 90,000 pages and is now the second-longest ever, dating back to 1936, with more than a month still to go.
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Chapter 7: A note on rule reviews at OMB’s Office of Information and Regulatory Affairs
Yesterday’s rule review, where the review authority sought to restrain government intervention and minimize costs, is different from today’s rule review. Now the would-be overseer…
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Chapter 12: The 2024 Unconstitutionality Index: 44 rules for every law
Article I of the Constitution notwithstanding, administrative agencies rather than Congress do most of the lawmaking in the United States. Congress enacts weighty legislation but…
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Chapter 10: Federal regulations affecting state and local governments
State and local officials’ concerns over federal mandates’ overriding their own priorities and prerogatives resulted in the Unfunded Mandates Reform Act of 1995, the requirements…
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Chapter 11: Government Accountability Office database on rules and major rules
The federal government’s regulatory reports and databases serve different purposes. The Federal Register presents all proposed and final rules affecting the private sector, as well…
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Chapter 2: Why we need a regulatory budget
Well before Biden’s unique transformations, policymakers recognized a role for regulatory restraint, transparency, and disclosure. Federal programs are funded either by taxes or by borrowing,…
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Chapter 8: The “Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions”
Along with the Report to Congress, Federal Register, and Code of Federal Regulations, another vehicle for regulatory disclosure is the spring and fall editions of…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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