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: The culture of free enterprise with Larry Reed
In this week’s episode we cover social mobility around the world, new inflation numbers, and the rise of robotaxis. Our…
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The week in regulations: Deepwater port licenses and nuclear credit ratings
Voters made known their feelings about tariffs, gas prices, and corruption. The FAA announced that it still uses floppy disks for air traffic control…
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Free the Economy podcast: Consumer protection and free speech with Casey Mattox
In this week’s episode we cover the debt load of state and local governments, advances in nuclear waste storage, and hope…
Search Posts
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Fannie and Freddie Helped Spawn the Mortgage Crisis, and So Did Affordable Housing Mandates
In a recent letter in The New York Times, I noted the role played by the government-sponsored enterprises, Fannie Mae and Freddie Mac, in…
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Regulation of the Day 204: How to Buy Liquor
Self-checkout lanes have been popping up in grocery stores across the country over the last several years. Some people worry that without the adult supervision…
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Wisconsin: The Canary in the Coal Mine
Faced with a $9.2 billion budgetary shortfall next year, California Gov. Jerry Brown has not surprisingly reached for the only tool in the Democratic shed…
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Regulatory Capture
Businesses, especially larger ones, aren’t afraid of regulation. They often welcome it. They can use rules to stifle competitors, or can pad their profits by…
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The Backwards Purpose of EPA’s Environmental Justice Grants
Chris Horner explains the EPA's "environmental justice" grants.
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Cordray Already on Board — In a Video — At Consumer Financial Protection Bureau
The Obama administration wasted no time in putting in place – in a home-page video — Richard Cordray as head of the Consumer Financial…
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