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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An America250 funeral for the 80-year-old Administrative Procedure Act
Clyde Wayne Crews Jr. As America approaches its 250th anniversary, another institution reaches a milestone of its own. The Administrative Procedure Act of…
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The week in regulations: Cyber sanctions and tinnitus relief devices
Inflation is now more than double the Federal Reserve’s target. The Iran war heated up again. Agencies issued new regulations ranging from vending stands…
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Free the Economy podcast: Taxing the rich with Jared Walczak
In this week’s episode we cover America’s low-income churn, reforms to civil asset forfeiture, changes to vehicle emissions testing, a…
Search Posts
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FDA Needs to Act on Internet and Social Media Policy
Way back in September 2009, the Food and Drug Administration announced that it would begin using the social media site Twitter to share news and other…
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Obama’s Transparency War Targets Climate Skeptics
President Obama ran on a platform of transparency. He praised whistleblowers. “Such acts of courage and patriotism,” he said, “should be encouraged rather…
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NTSB Recommends Useless National Ban on All Mobile Phone Use while Driving
The National Transportation Safety Board (NTSB) yesterday called on all states to ban "the nonemergency use of portable electronic devices (other than those designed…
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FDA Was Right to Deny Petition to Restrict Animal Antibiotics
I didn't have a chance to write about it then, but a few weeks back the Food and Drug Administration denied a…
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A Nice Review of Stealing You Blind
David Hogberg of Investor’s Business Daily and The American Spectator has a very complimentary review of my book, Stealing You Blind: How Government Fatcats…
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CEO of Land-Based Casino Morally Opposed to Online Gambling
File under Hypocrisy 101. Sheldon Adelson, the CEO and Chairman of Las Vegas Sands Corp., which owns some of the largest casinos in…
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