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 future of Fusionism with Stephanie Slade
In this week’s episode we cover federal vs. state rules for prediction markets, the difference between Detroit and Pittsburgh, and a…
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The week in regulations: Mariner training and Maryland trash
The federal government’s annual budget deficit hit $2 trillion. Defense Secretary Pete Hegseth pledged to livestream an execution. Thirty-year Treasury bond interest rates continued…
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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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Book-Banning, 21st Century Style
Remember the fuss when it was revealed that Sarah Palin had enquired about removing books from her town library? It would have been so much…
Newsletter
Stocks Drop, Thrift Stores Threatened and Spending Tobacco Money
Stock values drop as investors await the passage of an economic stimulus bill and the new rules and restrictions that it will come with. New…
News Release
Senate Approves Stimulus, Steps off Economic Cliff
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Dickie Scruggs Back in Court
But, alas, not as a litigator – the role that made him rich and famous – but as a defendant. According to Legal Newsline,…
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Amid Recession, Congress Forces Thrift Stores to Close
According to statements from the National Association of Retail & Thrift Shops and the National Association of Manufacturers, a law designed to protect kids…
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Stimulating Comment
Comment from a friend watching Obama’s Indiana town hall promoting the stimulus: “Some chump just told Obama to mail a check to the people who…
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