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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Government Promoted the Risky Non-Traditional Mortgages that Triggered the Financial Crisis
Ed Pinto, who was an executive at Fannie Mae long before it went into the toilet and nearly took the financial system down with it,…
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Regulation of the Day 187: Pedicabs
The DC City Council wants to require pedicab passengers to wear seatbelts.
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More Confusion on Breast Cancer Screening
When the federal government's Preventive Services Task Force recommended in November 2009 that most women under age 50 should stop having regular…
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Inhofe Bill Would Shine Sunlight on Regulation Costs
Study
A CARE-less Rush to Regulate Alcohol
Wine, beer, and spirit wholesalers have a long history of employing state laws to secure a guaranteed slice of the market. Recent court cases have…
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Killed by Regulations: New Century Brewing, RIP
Add another name to the list of the dead as a result of actions taken by the Food and Drug Administration (FDA). I certainly feel a…
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