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…
Blog
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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The Washington Times
Judge Rules in Favor of Trump in Battle Over CFPB Leadership
The Washington Times quoted Sam Kazman on the blocking of Leandra English in taking control of the CFPB as acting director. A federal…
The Washington Times
Trump Signs Legislation to Repeal Obama-Era Arbitration Rule
The Washington Times quoted Iain Murray on the need for Congress to disapprove of the CFPB’s egregious rule against small dollar loans. President Trump signed…
The Washington Times
Protecting Consumers from Fraud and Abuse
Following Richard Cordray’s resignation as director of the Consumer Financial Protection Bureau (CFPB), the smart money is betting that President Trump will appoint Mick Mulvaney, head…
The Washington Post
This group thinks Trump hasn’t done enough to unravel environmental rules. Here’s its wish list.
The Washington Post quoted Myron Ebell on the failings of the personnel process within the EPA as being a major cause of dysfunction for the…
Washington Examiner
Payday-loan borrowers need protection from the poorly-named Consumer Financial Protection Bureau
In an epic, down to the wire vote last week Congressional Republicans narrowly overturned a regulation that would have enriched lawyers at the expense of…
Townhall
Beware the Dangers of Online Gambling Says Wildly Rich, Totally Uninterested Casino Owner
Townhall cited Michelle Minton on the fact how at least one-percent of gamblers, no matter the restrictions or type of gambling, they will develop a…
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