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: What’s wrong with Congress with Kevin Kosar
In this week’s episode we talk about we talk about Consumer-Regulated Electricity, the amazing falling US poverty rate, and how smart…
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Trump’s deregulation meets invisible rulemaking: The real 2026 challenge
After a brief shutdown, most fiscal year 2026 appropriations have been enacted, despite continued debate over Department of Homeland Security (DHS) funding. We may soon…
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The week in regulations: Beet food coloring and crab housekeeping
Culture warriors got upset over the Super Bowl halftime show. A mini-shutdown over ICE funding delayed some labor market indicators. Agencies issued new regulations ranging…
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Conflicting with Reality: Or, Scientists are Human, Too
Full Document Available in PDF Former New England Journal of…
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Tort Law “to Make Law”
Full Document Available in PDF A recent little-noticed New York Times story says…
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Conflicting with Reality
Former New England Journal of Medicine editor Jerome Kassirer, in an August 1 Washington Post op-ed, argues that conflicts of interest in medical…
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Fear Factor
Environmental activists seeking to halt the worldwide spread of the advanced technologies they fear see <?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />China…
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Obesity: a Sign We’re Doing Things Right
Health and Human Services Secretary Tommy Thompson recently designated obesity a disease, with all the negative implications that entails. Our society, crippled, it seems,…
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Bookshelf: Fighting Disease Is Only Half the Battle
As a fresh-faced medical intern, a colleague of mine once greeted a new patient with a breezy, “So what’s your problem?” “Oh, just a touch…
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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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Marlo Lewis, Jr.
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