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…
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Durbin ‘Swipe Fee’ Price Controls — Bernanke’s Warning and Dean Baker’s Fudge of Fed Data on Costs
Even considering the usually sympathetic audience at the Huffington Post, liberal economist Dean Baker had a tough task of persuasion with his Monday column defending…
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Senators Introduce Bill to Push Back against NLRB Overreach
Reacting to the National Labor Relations Board’s (NLRB) blatant efforts to promote organized labor’s agenda, Sens. Lamar Alexander (R-Tenn.), Jim DeMint (R-S.C.), and Lindsey Graham (R-S.C.)…
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Regulation of the Day 174: Lying about the Size of the Fish You Caught
If you live in Texas, look over your shoulder before you tell a tall tale about your last fishing trip.
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Raise Awareness on Your Own Time
The Washington Examiner had a piece that hits close to home, as I have seen this waste firsthand. I’m sure many in D.C. area…
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TSA Pats Down Infant
Surprisingly, no explosives were found during extra screening, including what a TSA official describes as a "modified pat-down" of the suspicious infant.
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Who’s Afraid of Walmart?
As surely as summer follows spring, it seems like every new Walmart store opening announcement in a major city is now followed by protests. The…
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