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: 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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Free the Economy podcast: State budgets and bailouts with Thomas Savidge
In this week’s episode we cover promising new classroom technology, increasing productivity (and avoiding layoffs) with AI, and the repeal of the…
Search Posts
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How to Make Legal Advice and Legal Services More Affordable Without Taxpayer Subsidies
At Truth on the Market, I discuss how to make legal advice and legal services more affordable at this link. I also discuss…
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Federal Register Near Record Pace
This year's Federal Register is on pace to be 80,190 pages long. That's an average of 220 pages of fresh proposed rules, final rules, notices,…
Op-Eds
Google And The Antitrust Case Against Antitrust
Now that the economy has recovered to robust health and unemployment is back below 5%, the U.S. Senate has ample time and resources to spend…
Ceske Noviny
Czech President Warns in USA Against Effort to Restrict Freedom
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Obama’s Proposed New Tax Will Multiply Red Tape and Enrich Tax Lawyers and Accountants More than the Treasury
I have argued that "significant tax increases" may be necessary as part of a deficit reduction deal, given the enormity of the deficit and…
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Warren Buffett, Give Your Secretary a Raise!
So it has been decreed -- by Warren Buffett, by President Barack Obama, and by media members going gaga over to so-called Buffett Rule --…
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