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: Taxing the rich with Jared Walczak
In this week’s episode we cover America’s low-income churn, reforms to civil asset forfeiture, changes to vehicle emissions testing, a shout…
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The week in regulations: Bone void filler and halibut action
May’s job numbers were strong for the third month in a row, though job growth since Liberation Day remains under 100,000, for a labor force…
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Free the Economy podcast: State budgets and bailouts with Thomas Savidge
In this week’s episode we cover promising new classroom technology, increasing productivity (and avoiding layoffs) with AI, and the repeal of the…
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Regulation of the Day 77: Banning Toys in Happy Meals
Roberto Zabrido, a government official in Spain, is “adamant that the Happy Meal and its ilk pose a risk.” The solution? Legislation!…
NH Insider
Taxpayers Face $20 Million Cost to Enforce Bad Law
Mortgage Magazine
Banks, Credit Companies Get Brief Reprieve From Crushing Federal Regulation Of Internet Gambling
Baltimore Sun
Time to Raise the Alcohol Tax
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Regulation of the Day 76: Generic Medication for Farm Animals
If you put chlortetracycline powder in your farm animals’ drinking water to prevent disease, please be aware that a new federal rule now allows you…
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“Would ObamaCare Reduce Innovation?”: Health Care Bill Would Cause Preventable Deaths
“Would ObamaCare Kill Medical Innovation?” That’s the question posed by health care expert Michael Cannon. His answer is yes: “President Obama’s…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
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Ryan Young
Senior Economist and Director of Publications
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
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