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: 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 to…
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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 shout…
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The week in regulations: Bone void filler and halibut action
May’s job numbers were strong for the third month in a row, though job growth since Liberation Day remains under 100,000, for a labor force…
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Unauthorized Practice of Law (UPL) Regulation Tends to Serve Interests of Lawyers, Not Consumers
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Lawyers Use Ban on Unauthorized Practice of Law to Restrict Speech & Competition
For Construction Pros
NRMCA: President’s Jobs Plan At Odds With Administration Regulatory Action
For Construction Pros discusses Wayne Crews's report on the size of the federal regulatory burden. Highlighting the magnitude of numerous new regulations, this…
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Pull Out of Basel III: The Moral Hazard of Government Ratings
Recently and for different reasons, two high-profile players from different parts of the financial sector -- JPMorganChase CEO Jamie Dimon and respected banking analyst…
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Obamacare Will Increase Health Insurance Premiums by 55 to 85 Percent in Ohio, Study Says
The Charleston Daily Mail’s Don Surber points to a recent study “that shows that 790,000 Ohioans will lose their private health insurance and premiums…
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Regulation Roundup
In Seattle, Washington, the maximum length allowed for concealed weapons is 6 feet, plus more.
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