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: 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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Ten Thousand Commandments
Federal regulations cost as much as the income tax plus another quarter-trillion -- $1.24 trillion in all. Read all about it in the freshly-released 2010…
News Release
Report Reveals Crushing, Hidden Tax of ‘10,000 Commandments’ of Federal Regulation
Washington, D.C. April 15, 2010 – Federal regulations cost a whopping $1.187 trillion last year in compliance burdens on Americans. That’s the finding of…
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Green Thumbs and GMOs
A friend just recommended this op-ed published in the Boston Globe on Sunday. The title and subtitle say it all: "Green Thumbs: Genetically engineered crops…
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Do we really want to be like Europe?
With the passage of ObamaCare, we’ve taken another giant step towards Europeanizing America. Tragically, our history shows a steady trend in that direction, with government…
Newsletter
Liquor Licensing, Off-label Drugs and Fannie & Freddie
A new proposal in New York to set up a “medallion” system of liquor-licensing will serve as a compromise between wine retailers and grocery store…
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Toyota’s “questionable, evasive, and deceptive legal tactics”
“Toyota has routinely engaged in questionable, evasive and deceptive legal tactics when sued, frequently claiming it does not have information it is required to turn…
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