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.
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Free the Economy podcast: Affording the American Dream with Akash Chougule
In this week’s episode we cover what’s making housing so expensive, the common good of the Constitution, and more jawboning…
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The week in regulations: Mailing live animals and crash test dummy comments
A Trump administration envoy to Russia called Vladimir Putin a humanitarian. The Justice Department announced it will sue if the Republican Senate candidate in…
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Free the Economy podcast: The Grim Old Days with Chelsea Follett
In this week’s episode we cover global energy security, a new lawsuit against Section 338 tariffs, and fresh talent in…
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Goldman Sachs Endorses Trojan-Horse Financial “Reform” Bill; Bill Has Payoffs for Special Interests
The CEO of Goldman Sachs, the Wall Street firm accused of fraud by the SEC, has endorsed…
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FDA Salt Statement Leaves a “Mistaken Impression”
Some 80 years ago this month, Mahatma Gandhi led tens of thousands on a 240-mile march in protest against a British salt tax, inciting millions…
Op-Eds
ObamaCare vastly expands IRS red tape
“Billions of more documents” will be have to be filled out by small businesses for the IRS so that a “spendthrift Congress can shake…
News Release
‘Grave Concerns’ Persist on Stalled Senate Financial Reg Bill
Washington, D.C., April 28, 2010—For the third time in three days, Senate Republicans joined by Ben Nelson (D-Neb.) have defeated an effort to ram…
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ObamaCare Vastly Expands IRS Red Tape and Power, Raises Medical and Insurance Costs, Taxes, and Deficits, and Harms Very Sick People
“Billions of more documents” will be have to be filled out by small businesses for the IRS so that a “spendthrift Congress can shake…
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Regulation of the Day 134: Not Voting
Despite its flaws, democracy has worked tolerably well in this country for a long time. Perhaps the best part of our particular democracy is that…
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