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: 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…
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The week in regulations: Onion marketing and refrigerator leaks
PCE inflation, which the Federal Reserve uses for its interest rate decisions, rose to 3.8 percent, nearly double the Fed’s 2.0 percent target. President Trump…
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Regulation of the Day 177: Single-Wide Trailers
In Cordova, Alabama single-wide trailer homes are illegal. After years of lax enforcement, regulators are cracking down after tornadoes left many residents homeless.
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NLRB Targets Boeing, Ignores Congress
It is now well known that the Obama administration is trying to use the National Labor Relations Board (NLRB) as a battering ram to…
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New York Times on “Paternalistic” Government
The Dining section of today’s New York Times has a short piece reporting that the U.S. Department of Agriculture has lowered…
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Dismantling Sarbanes-Oxley
My colleague Ryan Radia and I recently wrote in an editorial for Investor's Business Daily that the 2002 Sarbanes-Oxley Act should be dismantled for the…
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Mind-boggling Increase in Tuition Since 1960 Even as Students Learn Less and Less
There has been a truly mind-boggling increase in college tuition since 1960. For example, law school tuition has risen nearly 1,000 percent after adjusting…
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Alcohol Producers in Texas Must Unite For their Right to Produce
As discussed in my latest "Alcohol Regulation Roundup" post, a representative for brewing giant, Anheuser-Busch (AB-InBev) testified at a Lone Star State Senate…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
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Ryan Young
Senior Economist and Director of Publications
- Antitrust
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- Regulatory Reform
Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
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Sam Kazman
Counsel Emeritus
- Antitrust
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Marlo Lewis, Jr.
Senior Fellow
- Climate
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- Energy and Environment