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…
Blog
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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News Release
Senate Action on $2 Trillion Gov’t Regulatory Burden Urgently Needed
WASHINGTON, Oct. 28 — Regulatory reform is urgently needed to get our economy and businesses out of the doldrums, and there’s a House-passed bill that…
Blog
Contradictory Financial Regulations Cause Problems
It’s a case of “When Regulations Collide.” As we’ve seen in the energy field, contradictory regulations cost jobs as employers struggle to comply with…
Blog
Glitches and Errors Widespread on Obamacare Health Insurance Website
In addition to the Obamacare web site glitches that left people unable to purchase insurance despite hours or days of trying, the website dramatically…
Blog
Alcohol Crimes Decline in Washington After Liquor Sales Privatization
In the lead up to Washington State voters approving privatization of liquor sales in the state, opponents claimed—as they always do—that the increased availability and…
Blog
The Implications of Kludgeocracy
Steven Teles tells us in the fall issue of National Affairs that over the next decades, the challenge of "kludgeocracy" will come to the forefront of…
Blog
More Bipartisan Opposition to Obama Administration’s Move to Block Airline Merger (Including Rahm Emanuel)
Another day, another round of public bipartisan opposition to the Obama Department of Justice’s lawsuit to block the pending American Airlines and US Airways merger.
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