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: Safe explosives and baker’s yeast
President Trump proposed an export ban on diesel fuel. Mortgage rates topped 7 percent. Agencies issued new regulations ranging from bank mergers to window…
Blog
Free the Economy podcast: Gen Z capitalism with Sam Raus
In this week’s episode we cover how data centers power our lives, how modern technology is fueling family togetherness, and the…
National Review
From Munitions Shortage to Ebola, Dodd–Frank Minerals Measure Makes Things Worse
A scan of news headlines warns readers of two seemingly unrelated dangers around the globe. One is a potential shortage of missiles, interceptors, and…
Search Posts
Blog
Guidance Documents of the Week: Consumer Product Safety Commission
Guidance documents are statements of policy issued by your favorite alphabet soup of agencies, which more often than not translate into law, despite rarely going…
Marketplace
Labor Department Deregulation Expected to Pick Up Steam After Acosta
Marketplace cites Policy Analyst Trey Kovacs on deregulation efforts from the Department of Labor. “He certainly took what I would say is an…
Blog
This Week in Ridiculous Regulations
Washington, D.C. was hit by a flash flood, but agencies were still able to publish new regulations ranging from electric program procedures to Fort Ord…
Industrial Heating
Regulations – Reform and Removal
Industrial Heating cites CEI’s 10kc report. A Competitive Enterprise Institute survey found that the U.S. has $1.9 trillion in hidden taxes via federal…
Blog
Guidance Documents of the Week: Social Security Administration and Treasury
Guidance documents are statements of policy issued by your favorite alphabet soup agencies, which more often than not translate into law, despite rarely going through…
Blog
This Week in Ridiculous Regulations
It was a four-day week for the federal government as the nation celebrated Independence Day. Meanwhile, agencies published new regulations ranging from the Paper and…
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
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Sam Kazman
Counsel Emeritus
- Antitrust
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- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment