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
Blog
The week in regulations: Cyber sanctions and tinnitus relief devices
Inflation is now more than double the Federal Reserve’s target. The Iran war heated up again. Agencies issued new regulations ranging from vending stands to…
Blog
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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Regulatory Costs of Anti-Property Approaches to Environmental Concerns
Environmental regulations transfer substantial wealth and can be subject to the same political failure and regulatory pork-barreling that characterize economic regulation—perhaps more so, given the…
Blog
Costs of Loss of Anonymity in Administrative Surveillance State
The ability of citizens to communicate privately and to retain anonymity if desired are foundational rights slipping away in the regulatory panopticon of the administrative…
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Regulatory Costs of Blurring Corporate and Government Roles
In keeping with the tradition of ignoring political failure in service of the administrative state, the economic and social effects of GSEs, or government-sponsored enterprises,…
Blog
Costs of Antitrust Regulation and Institutionalization of Raising Competitors’ Costs
Antitrust policy is corporate welfare, a prominent illustration of how regulation, not just spending, enables and encourages transfers of wealth by force.
Blog
This Week in Ridiculous Regulations
The Game of Thrones finale aired last night, though the show’s less-plausible Washington spinoff appears set to continue indefinitely, and with a rather larger budget.
Forbes
What If the Administrative State Cannot Be Reformed?
For the past couple of years I’ve been emphasizing the usefulness of an executive order from President Donald Trump on regulatory "guidance documents" to bridge the gap…
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