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…
Search Posts
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This Week in Ridiculous Regulations
The number of new federal regulations passed the 3,000 mark last week, and the Federal Register continues its record pace.
Blog
Three Ways the Next President Can Help America Out
At this moment, it’s likely the presidential candidates are busy preparing for the third and final debate tonight.
Blog
How a New President Can Roll Back Bureaucracy, Part 13: Establish ‘Office of No’
Implement a “Do Not Regulate” Office to Clarify Economic Liberalization Alternatives to, and Explicit Exit Strategies from, Command and Control Rules.
The Hill
White House Admits it’s Late Again in Releasing Regulatory Report
The Hill reports on how Wayne Crews called out the White House Office of Management and Budget about it's late report on regulations. …
Blog
This Week in Ridiculous Regulations
Federal regulators enjoyed a short work week due to Columbus Day, but still published more than 1,300 Federal Register pages with new regulations ranging from…
Blog
White House Stalling Regulation Report Until after Election?
Today, Monday, October 17th, marks the latest that the White House Office of Management and Budget (OMB) has ever been with its annual draft Report…
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