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: Taxing the rich with Jared Walczak
In this week’s episode we cover America’s low-income churn, reforms to civil asset forfeiture, changes to vehicle emissions testing, a shout…
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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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Financial “Reform” Harms Farmers, While Leaving Corrupt Government-Sponsored Mortgage Giants Unreformed
Farmer Betsy Jensen explains how the so-called financial “reform” bill signed by President Obama will harm agricultural markets, and thus farmers, in today’s New…
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Oh, the Horror! Budget Cuts Mean Pampered Artists Get Less Government Money to Insult Taxpayers
Thanks to budget cuts under England’s new Conservative coalition government, “London may no longer be ‘a beacon for controversial pieces’ such as last year’s…
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Why Mortgage Giant Freddie Mac Is Getting a Bailout: Costly Obama Policies and Giveaways
Earlier, I wrote about mortgage giant Freddie Mac’s demand for $1.8 billion more in bailouts. Why does it still need more bailout money, when…
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House Panel Releases Ethics Charges Against Rep. Maxine Waters
A House ethics panel has released the charges against left-wing firebrand Rep. Maxine Waters (D-Calif.) arising out her shady dealings with OneUnited Bank. (Her…
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Government-Sponsored Mortgage Giant Seeks $1.8 Billion More in Bailouts
Mortgage giant Freddie Mac is seeking $1.8 billion more in bailouts from the federal government. This mortgage giant, and its sister company, Fannie Mae,…
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Obama Justice Department Uses Americans with Disabilities Act to Harm the Disabled, Risk Lives, and Undermine Safety
“Amazon.com . . . tried to sell a talking Kindle reader, but” the Justice Department “said it couldn’t because the button to make the…
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