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
Blog
The week in regulations: Cyber sanctions and tinnitus relief devices
Inflation is now more than double the Federal Reserve’s target. The Iran war heated up again. Agencies issued new regulations ranging from vending stands to…
Blog
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…
Blog
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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Doing Business in DC
DC Progress notes that Washington, DC has ranked dead last in the annual Small Business Survival Index every year since the mid-1990s. One of the…
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Growing Young Statists
Gene Healy’s column in Examiner today chronicles the alarming statism and collectivism of today’s youth and tomorrow’s voters. The generation born from the…
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Reason’s Shikha Dalmia on EFCA’s Binding Arbitration Provision
With Al Franken joining the Senate, public attention is again turning to the so-called Employee Free Choice Act (EFCA). In the weekend Wall Street Journal,…
Newsletter
Sotomayor in the Senate, The New GM and State Farm in Florida
Judge Sonia Sotomayor prepares for her confirmation hearings in the Senate. A slimmed-down General Motors emerges from bankruptcy. Florida’s insurance commissioner claims to have “a…
Blog
“It would be hard to devise a surer formula for economic catastrophe.”
It may not be in a debacle like California’s, but I still find it galling to see my home state of Florida go from being…
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Reason’s Michael Moynihan on the SEIU Chavistas
At Reason Hit & Run, Michael C. Moynihan looks at the Service Employees Internatinoal Union’s harassing of broadcasters who air ads opposing the so-called…
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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