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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Government Thwarts Cancer Cures and Production of Life-Saving Drugs
The federal government thwarted a promising cancer treatment. The Food and Drug Administration (FDA) put Dr. Stanislaw Burzynski on trial twice, saying “it did…
Op-Eds
How to Swap the Obama Budget for an Optimistic Economic Growth Agenda
New spending in President Obama’s $3.8 trillion fiscal year 2013 budget would increase investments in education, manufacturing and R&D, transportation projects, electric vehicle incentives and…
Blog
The STOCK Act’s Muzzle and How to Fix it in Conference (Update)
My colleagues David Bier and Ryan Radia contributed to this post. Per the scenario in a previous post, it’s April 2012. You are a…
Blog
Good News/Bad News On Human Spaceflight Regulation
In a bill passed last week authorizing the Federal Aviation Administration for another year, the moratorium on regulation of the safety of spaceflight participants, in…
Op-Eds
The Burden of Federal Rules: Our Other Trillion Dollar Debt
During the State of the Union address, President Barack Obama ridiculed regulations like one designating spilled milk an “oil,” and exclaimed, “In fact, I’ve approved…
Blog
Utah Doubles Down on Gambling Prohibition
It’s not news that regulators in Utah are often uncomfortable allowing residents to make their own decisions about how, when, or if they engage…
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