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: 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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Free the Economy podcast: Fighting for freedom with Kent Lassman
In this week’s episode we cover bank privacy, SNAP benefits, a new study on tariffs, and a great new podcast…
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Tim Carney Knows How Washington Works
Tim's latest column is a must-read. Lobbying wouldn't be such a booming business if regulation wasn't, too.
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Morning Media Summary
Tech: Gov will spend 400k pounds to destroy ID card data: “The cost of destroying the personal data collected under the ill-starred programme…
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Yes, Obamacare is a Government Takeover of the Health Care System
In Tuesday’s Washington Post, Glenn Kessler looked at Republican claims about Obamacare, such as the claim that it “is a ‘government takeover’ of the health…
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New York City Taxi Alliance Opposes Competition
From their webpage, we see a press release denouncing Mayor Bloomberg’s decision to allow livery cars (limousines, personal hired cars, etc.) to pick…
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Morning Media Summary
Tech: Starbucks launches largest mobile payment program in the US: “Starbucks has started accepting mobile payments. Customers can use the Starbucks Card Mobile…
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Six Painless Ways to Cut Federal Red Tape
President Obama signed an Executive Order this week that will initiate a "government-wide review of the rules already on the books to remove outdated regulations…
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