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.
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DOGE cancellation theatrics change nothing in the regulatory power game
“Trump administration officials have not openly said that DOGE no longer exists.” That admission came 10 paragraphs into a widely reported “exclusive” Reuters story claiming…
Blog
Free the Economy podcast: Sesquicentennial celebration
In this week’s episode we celebrate the show’s sesquicentennial anniversary – that is, our 150th episode. We look back at the dozens of smart,…
Blog
Shutdown lesson: Depend less on DC
The record-length shutdown showed how dependent many Americans are on Washington. This is one of the biggest flaws in the ongoing nationalization of politics. In…
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Regulatory reform in the 118th Congress: Regulatory Accountability Act
In 2003, the Office of Management and Budget (OMB) published Circular A-4. A-4 is little-known but crucial oversight measure for new regulations. It gives…
Blog
The week in ridiculous regulations: otter casualties and moving the goalpost
Fox News settled its defamation case over its false reporting on the 2020 election with voting machine maker Dominion. The Consumer Financial Protection Bureau…
Forbes
Congress Must Mobilize To Halt Biden’s Radical Administrative State Transformation
[T]he genius of the Progressives in the late 19th century was to preempt or push large sectors of the emerging future (the environment,…
Blog
Congress shouldn’t party like it’s 2019 on national debt
Now comes the GOP’s turn to do its own version of a “lockdown.” Republicans should heed the advice of a member of the other party, Rahm…
News Release
House Republicans Helpfully Tie Government Reforms to Debit Limit Deal
House Republican leadership yesterday released the text of their debt limit deal which trades a suspension or increase in the debt limit for a number…
National Review
No, Lockdown States Did Not Do Better
Many politicians, public-health figures, and media pundits continue to insist that the Covid lockdowns were a success and represent a blueprint for future pandemic responses. Illinois…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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