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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The week in regulations: Resettling refugees and sea otter casualties
TSA lines reached their longest-ever wait times, bolstering the case for privatizing airport security. President Trump’s signature will appear on US currency starting later this…
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Free the Economy podcast: Population and abundance with Gale Pooley
In this week’s episode we cover income inequality, myths about homelessness, First Amendment protections for AI, and reforming unfunded mandates.
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The week in regulations: Library pictures and aerobatic airplanes
The Iran war entered its fourth week. ICE agents might be reassigned to airport security. The Federal Reserve held interest rates steady. President Trump expressed…
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Senate Approves Stimulus, Steps off Economic Cliff
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Dickie Scruggs Back in Court
But, alas, not as a litigator – the role that made him rich and famous – but as a defendant. According to Legal Newsline,…
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Amid Recession, Congress Forces Thrift Stores to Close
According to statements from the National Association of Retail & Thrift Shops and the National Association of Manufacturers, a law designed to protect kids…
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Stimulating Comment
Comment from a friend watching Obama’s Indiana town hall promoting the stimulus: “Some chump just told Obama to mail a check to the people who…
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Tilting at Food Safety Windmills
Unfortunately, as long as the world's food production system continues to be highly decentralized and fragmented, there will continue to be foodborne illness outbreaks like…
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Why “doing nothing” is something really big: Stopping the Anti-Stimulus
Robert Higgs, he of the famous “ratchet effect” theory of government growth (up but never down in answer to a crisis), has…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
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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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