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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Here’s how one-in, ten-out is successfully cutting rules — but not draining the swamp
It’s October already, and while there’s no real fiscal year for federal regulation, the September 30 closing of the 2026 budgetary fiscal year marks…
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The week in regulations: Drug prices and inedible almonds
Sen. Eric Schmitt (R-MO) learned the difference between the Atlanta Hawks and the Iowa Hawkeyes. President Trump rolled back some China tariffs and published…
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Free the Economy podcast: Real-world economics with Paul Mueller
In this week’s episode we cover spiraling health care costs, reforming state-level regulations, and how to keep asset managers accountable…
Search Posts
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State Attorneys General Do Good (For Once), Hit Obamacare with Lawsuits
On the heels of the health insurance takeover staged by the House of Representatives this week, a handful of state attorneys general have filed lawsuits…
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Health Care- Fix middle-class “medicine cabinet tax” in reconciliation
“They won’t be so opposed to it once they see what’s in it.” That’s the rationalization House leaders have given skittish Democrats to get them…
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Health Care Crisis About to Get a Whole Lot Worse
In just a few hours, the House of Representatives will vote on the $940 billion Senate health care bill, followed by a reconciliation package of…
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Four Ways to Spend Money on Health Care
Today's bill consists almost entirely of spending other peoples' money on other people. This is no way to keep costs under control.
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Media falsely claiming CHP report backs Toyota Prius hoaxer’s claim
Over a week after I exposed the “Toyota Hybrid Horror Hoax” at Forbes. com, the press (as opposed to some TV networks, talk radio,…
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New Taxes on Investors in Obamacare, and Massive Marriage Penalties, Too
The new tax on investors in the health care bill has been increased from 2.9 percent to 3.8 percent, but only a few media…
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
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- Regulatory Reform
Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
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Sam Kazman
Counsel Emeritus
- Antitrust
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- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment