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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The regulatory dark matter beyond Washington’s graveyard of rules: 83,141 ghosts and counting
The clocks have turned back, the days are growing darker, and Washington’s regulatory shadows lengthen. Washington’s policy ghouls are waking up to the fact…
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The week in regulations: Space modernization and closed captioning
Sir Patrick Stewart passed away at age 86. GDP growth came in higher than average for the third quarter, but so did September’s PCE…
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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…
Search Posts
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“How a pit bull is like a Prius,” my Philly Inquirer article today
What could pit bulls possibly have in common with Toyotas? Pit bulls, after all, tend to be smaller and furrier. And whatever you do, never…
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$800 Billion Stimulus Package Doled Out Based on Politics; Districts with High Unemployment Were Shafted
“How is stimulus money allocated? Unemployment isn’t a factor, but politics is,” found George Mason University researcher Veronique de Rugy in…
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How to Fix Immigration’s Black Market
Alex Nowrasteh and I have a piece in today's Detroit News arguing that liberalization, not regulation, is the way to shrink immigration's massive black market.
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Barack Obama and Liberal “Good” vs. Freedom
There's a great op-ed by Shelby Steele in today's Wall Street Journal, called "Barack the Good". In it, Steele argues that "today's liberalism is focused…
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“Are some reporters lying in their Toyota coverage?” my Canadian Free Press article
I’ve shown clearly that reporters are acting with reckless disregard for the truth in the Toyota sudden acceleration feeding frenzy since my Los Angeles…
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Public Employees’ Compensation Races past Private Sector Workers’
As union membership in government has outpaced that in the private sector, so has compensation. As the Washington Examiner reports: Compensation for…
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