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
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…
Blog
The week in regulations: School libraries and sport pilots
The Federal Reserve raised interest rates. Congress passed a Russia sanctions bill that gives President Trump more tariff authority. Agencies issued new regulations ranging…
Blog
Free the Economy podcast: The Overton Window with James Hohman
In this week’s episode we cover Treasury yields, oil prices, US-China-Taiwan security policy, and Trump’s $5,000 dividend checks. Our…
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Blog
This Week in Ridiculous Regulations
The Trump administration’s 60-day regulatory freeze is now over, but many of this week’s new regulations are simply extensions of previous delays. So despite a…
The Huffington Post
Resisting Executive Excess Means Relearning Lessons from the Past
Defenders of checks and balances should be happy that a circuit split on President Trump’s executive order on immigration means that the Supreme…
News Release
Leading public policy and legal organizations join forces with Red Tape Rollback to roll back excessive federal regulations
RedTapeRollback.com, a project of Pacific Legal Foundation, today announced a new partnership with leading national public policy, legal,…
Blog
This Week in Ridiculous Regulations
Starting this week, many late-Obama administration regulations delayed by the Trump administration’s 60-day freeze will come into effect.
Fortune
Regulations Cost U.S. Business More Than Canada’s GDP
President Donald Trump’s administration has been busy issuing a flurry of executive orders intended to reduce regulatory burdens on businesses that keep them from adding…
Blog
A Blueprint for Reforming the Federal Government
This is a big week for reform of the federal government: yesterday, President Trump signed an executive order on reorganizing the executive branch, and this…
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