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: The future of Fusionism with Stephanie Slade
In this week’s episode we cover federal vs. state rules for prediction markets, the difference between Detroit and Pittsburgh, and a…
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The week in regulations: Mariner training and Maryland trash
The federal government’s annual budget deficit hit $2 trillion. Defense Secretary Pete Hegseth pledged to livestream an execution. Thirty-year Treasury bond interest rates continued…
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Free the Economy podcast: Competition and innovation with Jack Nicastro
In this week’s episode we cover the case of Suncor v. Boulder County at the Supreme Court, the problems with the Los…
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Bill to Regulate Political Speech Fails
It was mostly Democrats who favored the DISCLOSE Act. But Republicans are no heroes on this issue. Don't believe their posturing.
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Regulation of the Day 144: Underage Senior Citizens
Bob Russ is 66 years old. He was denied entry to the Oregon Brewer’s Festival because he lacked a valid photo ID to prove he…
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America’s Worst State Attorney Generals Exposed; Consumers and Businesses Ripped Off
The nation’s worst state attorney generals use lawsuits as a weapon to redistribute billions of dollars from businesses and consumers to their wealthy trial-lawyer friends…
Newsletter
Online Privacy, Food Safety and Unemployment Benefits
The Senate Commerce Committee prepares for a hearing on consumer online privacy. Environmental groups sue to compel the Food and Drug Administration to ban the…
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Financial Overhaul Just Another Case of Government Overreach
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Who is Elizabeth Warren and why does Big Labor Love Her?
The Dodd–Frank Financial Regulation Bill, which President Obama signed today, created yet another Czar to head yet another Executive Agency, 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