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
This Week in Ridiculous Regulations
The final pre-inauguration Federal Register was 1,464 pages long. A normal day’s edition is roughly 300 pages. Since there is a lag time of a…
Library of Law and Liberty
Regulatory Reform: A Few (Not So) Easy Pieces
Library of Law and Liberty discusses midnight regulations from the Obama administration with Wayne Crews. Yes: you can dismiss REFORM as starry-eyed. It…
Blog
DeVos Hearing Generates Misleading Attacks on Civil Liberties Group FIRE
Betsy DeVos, who was recently nominated to be the next Secretary of Education, has been attacked because she and her husband reportedly made donations to a civil-liberties…
Blog
Where Have All the Startups Gone? New Research from eBay and EIG
Recently eBay’s public policy team here in Washington, D.C. presented a fascinating program on economic growth and new business start-ups.
Study
Resale Pricing in the Contact Lens Industry
View Full Document as PDF More than 30 million Americans wear contact lenses. In recent years, contact lens technology has improved, offering…
Forbes
Donald Trump’s 100 Day Executive Action Agenda
New presidents emphasize 100-day priorities, but president-elect Donald J. Trump likely has a 100-minute agenda. An early post-election action instructed transition managers to “develop…
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