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: Competition and innovation with Jack Nicastro
In this week’s episode we cover the case of Suncor v. Boulder County at the Supreme Court, the problems with the Los…
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Here’s how one-in, ten-out is successfully cutting rules — but not draining the swamp
It’s October already, and while there’s no real fiscal year for federal regulation, the September 30 closing of the 2026 budgetary fiscal year marks…
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The week in regulations: Drug prices and inedible almonds
Sen. Eric Schmitt (R-MO) learned the difference between the Atlanta Hawks and the Iowa Hawkeyes. President Trump rolled back some China tariffs and published…
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SOTU Watch: Card Check
In President Obama’s State of the Union speech tonight, one thing to watch for is mention of the so-called Employee Free Choice Act (EFCA) —…
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More Behavorial Advertising Adventures
Back in January I wrote about several advertising industry trade associations coming together to impose self-regulation in an attempt to deter…
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Coming Soon: A Predatory, Anti-Business Federal Trade Commission?
Even an economy in shambles shall not sway the elevation to Federal Trade Commission chairmanship of Jon Leibowitz, an interventionist-minded commissioner who, like all…
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A Gamer Win For Parenting
If you’ve followed my posts here at OpenMarket.org or at my personal site, you’re well aware of the fact that I…
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Top Ten Federal Rules to Jettison — According to Small Businesses
The Small Business Administration’s Regulatory Review and Reform initiative (r3) has a new compilation of rules that need reform, according to small businesses across…
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More Grand Theft Common Sense
I used to think that the groups and individuals that sat around eagerly anticipating the launch of a new Grand Theft Auto (GTA) game were…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
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Ryan Young
Senior Economist and Director of Publications
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
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Sam Kazman
Counsel Emeritus
- Antitrust
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- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
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- Energy and Environment