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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Free the Economy podcast: The business of Federalism with Derek Kreifels
In this week’s episode we cover childcare in the 50 states, how to fix rising healthcare costs, the new Institute for…
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The week in regulations: Pipeline safety and NFL Draft security
Federal Reserve Chair nominee Kevin Warsh had his confirmation hearing, and President Trump dropped his criminal investigation into Jerome Powell. The government is poised to…
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Free the Economy podcast: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
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Record Red Tape
Over at Big Government today I noted the Federal Register of 2011 has almost reached the level of last year’s record. Given that 2011’s…
Op-Eds
Another Record-Breaking Federal Register? Federal Regulations Surge in 2011
The Federal Register is the daily depository of all proposed and final rules and regulations, as well as presidential documents, executive orders, agency internal…
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Regulation of the Day 202: Farting Pigs
It isn’t often that one sees Nobel-winning economist Ronald Coase’s name and pig farts in the same sentence. Thanks to a recent court decision in…
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Businessmen: Obamacare Stops Them from Hiring
Journalist John Stossel describes how "three successful businessmen came on" his TV show last week "to explain how Obamacare is a reason that unemployment stays…
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Holiday Travel Travails
Just in time for the holiday travel season, Vanity Fair’s Charles C. Mann took a trip through airport security with security expert Bruce Schneier.
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2011 Brought Lots of Good News for Salt Lovers
With holiday cooking on most of our minds this week, it's worth celebrating some good news about one of the most beleaguered food ingredients: table salt. For…
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