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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An America250 funeral for the 80-year-old Administrative Procedure Act
Clyde Wayne Crews Jr. As America approaches its 250th anniversary, another institution reaches a milestone of its own. The Administrative Procedure Act of…
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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…
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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…
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Bush’s Auto Bailout: Illegal or Unconstitutional
The Bush Administration is planning to bailout the Big Three. It's using part of the $700 bill financial sector bailout package by seizing on TARP's…
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Lawrence Lessig and Fighting Corruption
Lawrence Lessig has recently shifted his focus away from intellectual property and technology policy and toward tackling the larger issue of political corruption. It’s quite…
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Antitrust Liberalization May Avert Need for Bailouts; Outdated Laws Deter Efficient Mergers
In early 2007, the economy was humming along and General Motors was considered to be in the process of a turnaround. To help stabilize itself,…
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Jay Leno Riffs on the Bailout
A new viral email, claiming to be jokes written by Mr. Leno, adds a bit of humor to the financial crisis. As business and government…
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Federally Sanctioned Propaganda Machine
Apple's 1984 "Big Brother" ad An article over at Ad Age brings up an angle on the whole…
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