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: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
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The week in regulations: Drone settlements and gambling losses
The 2026 Federal Register topped 20,000 pages. President Trump got into a feud with the Pope. Agencies issued new regulations ranging from mail standards to…
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Free the Economy podcast: How to Get What You Want with Josh Bandoch
In this week’s episode we cover AI development in China, how large investors recycle homes, and why permitting reform needs to…
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Regulation of the Day 68: Ironing Tables
At HPI's request, the International Trade Administration will continue to add anti-dumping duties to the price of its competitors' Chinese-made ironing tables. Sorry, consumers.
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ObamaCare Blueprint Called ‘The Worst Bill Ever’: It Drives Up Taxes, Insurance Premiums, State and Federal Deficits, and Legal Bills
The Wall Street Journal calls the House version of President Obama’s health care plan “the worst bill ever,” noting that it…
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If at First You Don’t Succeed, Change the Rules.
From attempting to manipulate the definition of “supervisor” to changing the way in which workers are organized, the above seems to be a…
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Taxes without Borders
This month's issue of Info Tech & Telecom News contains an article by yours truly on certain states' attempts to collect sales taxes from out-of-state…
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Regulation of the Day 67: Oysters
A new FDA rule requires oysters harvested between April and October to be sterilized before they are eaten. An unintended consequence is that the state…
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Reps. Maloney and Adler push true bipartisan stimulus — Sarbanes-Oxley relief
After months of talk about solutions that would rev up job growth and the economy, today the House Financial Service Committee may finally adopt a…
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Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
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Ryan Young
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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.
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