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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Regulation of the Day 171: Cream Puffs
This blog will be paying close attention to the heated legislative battle in Madison to give the delicious cream puff its due.
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Union Health Dependent on Obamacare
The Obama administration through Obamacare (Patient Protection and Affordable Care Act) steadily gives competitive advantages to Big Labor. Benefits for top political donors of the…
Op-Eds
Under Obama, Running Out of Money Is a Success
Only in Washington would running out of money and prematurely limiting a program be considered a success. This Friday (May 6,) Obamacare’s first handout program…
Daily Caller
Free Trade Agreements Don’t Kill Jobs
The U.S. is slowly working towards free trade agreements with Colombia, Panama, and South Korea. After years of wrangling, they might even pass this…
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D.C. Councilmembers Propose Taxicab Medallion System… Again
Washington, D.C., is one of the five taxicab jurisdictions in the country that allows for essentially free entry. While the cab situation in D.C. is…
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“Ten Thousand Commandments” on Capitol Hill
Regulatory reform is at least as important as spending, taxes, and deficits, but it doesn’t get nearly as much attention. That’s why we are pleased…
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