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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Alcohol Regulation Roundup: December 20, 2011
With the holidays near and all in good cheer, here is some alcohol news at which you can jeer. And you plan on having booze…
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Useless Law School “Educations” Shielded Against Improvement and Competition by Special-Interest-Driven Regulations
The New York Times featured an excellent news story Sunday by David Segal on the costly white elephant that is legal education in America.
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Memo to Gingrich: Credit Unions are Not GSEs
Let me begin this post with a disclaimer, of which many of our readers are already aware. The Competitive Enterprise Institute and OpenMarket.org do not…
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FDA Needs to Act on Internet and Social Media Policy
Way back in September 2009, the Food and Drug Administration announced that it would begin using the social media site Twitter to share news and other…
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Obama’s Transparency War Targets Climate Skeptics
President Obama ran on a platform of transparency. He praised whistleblowers. “Such acts of courage and patriotism,” he said, “should be encouraged rather…
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NTSB Recommends Useless National Ban on All Mobile Phone Use while Driving
The National Transportation Safety Board (NTSB) yesterday called on all states to ban "the nonemergency use of portable electronic devices (other than those designed…
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