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…
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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…
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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…
Search Posts
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Human Achievement of the Day: Mind-Controlled Prostheses
A breakthrough by researchers at Northwestern University is giving hope to millions of amputees that they might eventually regain some of the ability they…
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A Bad Economy’s Silver Lining
The Economist hits the nail on the head — albeit a nail that has been well hit by many in the free market movement already.
Blog
Regulation of the Day 214: Flipping the Bird
Steven Pogue, 64, was cited by police for flipping the bird while driving in Ballwin, Missouri. He was exonerated on free speech grounds, and the…
Citation
EDITORIAL: Obama’s Bogus Rules
From a Washington Times editorial: The scope of federal rule-making is bewildering. More than 700 new final rules have been published this year,…
News Release
OMB Guidance on Cost of Federal Regulation “Inadequate”
Washington, D.C., March 20, 2012—Today, the Office of Information and Regulatory Affairs within the White House Office of Management and Budget released guidance to agencies…
Blog
Regulation of the Day 213: Dying
Falciano del Massico, a small town in Italy, has banned its 4,000 residents from dying because the local cemetery is completely full.
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