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
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…
Blog
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…
Blog
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…
Search Posts
Blog
This Week in Ridiculous Regulations
The number of new final regulations for the year passed the 2,000 mark, with new rules ranging from cell walls to harpoon fishing.
Blog
This Week in Ridiculous Regulations
The big regulatory news is a proposed loosening of fuel economy standards for cars. This will likely improve safety; lighter cars don’t hold up…
Blog
This Week in Ridiculous Regulations
The economy grew by 4.1 percent last quarter, which is wonderful news. The president also announced $12 billion of subsides for farmers hurt…
Op-Eds
Are Entrepreneurs Creating The Growing Economy, Or Is The Growing Economy Enabling Entrepreneurs?
It is taken as given that taxation and regulation affect business startups and job creation. However the many metrics seeking to explain governmental policies' effects on entrepreneurship probably…
Forbes
Trump’s 2018 Regulatory Reform Agenda by the Numbers
The Trump administration has released the new Spring 2018 edition of the twice-yearly Unified Agenda of Federal Regulatory and Deregulatory Actions.
Forbes
Should Congress be Repealing Agency Rules that are Already Invalid?
The Senate has voted to repeal a 2013 Consumer Financial Protection Bureau (CFPB) regulatory guidance document that took the form of a “bulletin” on “Indirect…
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