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: 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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Free the Economy podcast: State budgets and bailouts with Thomas Savidge
In this week’s episode we cover promising new classroom technology, increasing productivity (and avoiding layoffs) with AI, and the repeal of the…
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Forbes
How Many Rules And Regulations Do Federal Agencies Issue?
With Congress on summer vacation, it’s an appropriate time to reflect on the number of laws it passes vs. the number of rules and regulations…
Blog
Record Federal Income Tax Receipts Still No Match for Cost of Regulation
Corporate income taxes collected by the U.S. government, estimated as noted at $278 billion for 2017, are dwarfed by regulatory costs.
Study
Rethinking the Department of Commerce
View Full Document as PDF The Department of Commerce’s mission statement is a charter for government interference in markets. It employs 47,000…
Blog
Happy India Independence Day
Today is the 70th anniversary of India’s independence from the United Kingdom, and the nation of 1.3 billion people has seen dramatic economic and social…
Forbes
Warning: Federal Government Deems Fidget Spinners An “Emerging Hazard”
Don’t eat your fidget spinner. I guess that’s what the Consumer Product Safety Commission (CPSC) is trying to tell us now.
News Release
Improving Job Numbers Emerge but Damaging Regulations Remain a Problem
The U.S. economy added 209,000 jobs in July and the unemployment rate declined to 4.3 percent, the lowest since March 2001, according to the U.S.
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
- Automobiles and Roads
- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment