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: Competition and innovation with Jack Nicastro
In this week’s episode we cover the case of Suncor v. Boulder County at the Supreme Court, the problems with the Los…
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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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Regulation of the Day 23: Texting While Driving
Texting while driving is both dumb and dangerous. But making it a crime won’t make people stop doing it. It will merely make more people…
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Food Police Attack Denny’s Over Salt
It seems that the food police at the unconscionably named Center for Science in the Public Interest are at it again. Last week, CSPI filed…
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Best Way to Curb Irrational Exurberance?
Zachary Goldfarb, a Washington Post staff writer, discusses (p. A10, “SEC Moves to Limit Short Sales of Stocks”) this SEC proposal – sympathetically. The article…
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Regulation of the Day 22: Rhinestones
The Consumer Product Safety Commission, after much deliberation, has banned crystal rhinestones from children's products, despite no evidence of harm.
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The Folly of 100%
The same groups that have been insisting for years that there is something fundamentally wrong with the United States’ international broadband ranking…
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Put it in quotes: health care “reform”
Robert J. Samuelson has a hard-hitting column in today’s Washington Post on the non-reform elements of the health care reform package. He points out…
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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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