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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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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The week in regulations: Onion marketing and refrigerator leaks
PCE inflation, which the Federal Reserve uses for its interest rate decisions, rose to 3.8 percent, nearly double the Fed’s 2.0 percent target. President Trump…
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Obama’s Bankruptcy Math Has to be Wrong
President Obama claimed in his speech tonight: “For that same reason, we must also address the crushing cost of health care. “This is a cost…
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Zero-Based Governing and Improving the State of the Union
Removing burdensome regulations on small business hasn’t figured much into the economic recovery program thus far. Too bad. Alternatives to “spendulus” and the “Bailout to…
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SOTU Watch: Card Check
In President Obama’s State of the Union speech tonight, one thing to watch for is mention of the so-called Employee Free Choice Act (EFCA) —…
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More Behavorial Advertising Adventures
Back in January I wrote about several advertising industry trade associations coming together to impose self-regulation in an attempt to deter…
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Coming Soon: A Predatory, Anti-Business Federal Trade Commission?
Even an economy in shambles shall not sway the elevation to Federal Trade Commission chairmanship of Jon Leibowitz, an interventionist-minded commissioner who, like all…
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A Gamer Win For Parenting
If you’ve followed my posts here at OpenMarket.org or at my personal site, you’re well aware of the fact that I…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist and Director of Publications
- Antitrust
- Business and Government
- Regulatory Reform
Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
- Aviation
- Business and Government
Sam Kazman
Counsel Emeritus
- Antitrust
- Automobiles and Roads
- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment