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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EEOC Says High-School Diploma is Discriminatory Requirement, Stretches Employment Laws to Harm Small Employers
The Equal Employment Opportunity Commission recently posted a letter on its website claiming that it is illegal for employers to have a high-school diploma requirement…
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Price Fixing Causes Greek Medicine Shortage
Greece is rapidly degenerating into third-world status. The UK’s Daily Mail reports: Youngsters are being dumped by their parents who are struggling to make…
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U.S. Economic Freedom Declines as Regulations Increase
Economic Freedom in the United States declined over the past year, according to the newly released 2012 edition of the Heritage Foundation/Wall Street Journal global…
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Supreme Court Rejects Obama Administration Power Grab Over Churches in Hosanna-Tabor v. EEOC
The Supreme Court has rejected the Obama administration's argument that it can dictate who churches hire as ministers or clergy in Hosanna-Tabor Evangelical…
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Regulation of the Day 205: Singing the National Anthem
Indiana state Sen. Vaneta Baker has introduced a bill that would make it illegal to sing the national anthem incorrectly.
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EPA’s Latest Power Grab
Chris Horner explains the EPA's latest power grab involving private property rights in Idaho…
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