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: 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…
Blog
The week in regulations: Onion marketing and refrigerator leaks
PCE inflation, which the Federal Reserve uses for its interest rate decisions, rose to 3.8 percent, nearly double the Fed’s 2.0 percent target. President Trump…
Search Posts
Blog
A Hidden Cost of Antitrust Regulation
Bryan Caplan argues that antitrust enforcement literally kills people. Bill Gates has given away billions of dollars and saved countless lives. If not for the…
Op-Eds
President Obama’s State of the Union? Hyper-Regulated
The 2012 State of the Union Address ought to address the Mistakes of the Union when it comes to over-regulation of…
Blog
Law Schools Teach Junk, Exaggerate Their Students’ Job Prospects
Propped up by government subsidies and regulations requiring students to attend law school before taking the bar exam, law schools waste their students' time teaching…
Blog
Obama, Scientific Integrity, and the State of the Union
With the State of the Union coming up, I’ve been wondering whether, or how, President Obama might address the Plan B fiasco…
Blog
Regulation of the Day 207: Cold Medicine
The people of Illinois must present valid ID and be entered into a state database when buying cold medicine. Talk about adding insult to illness.
Blog
Doctors Grow Disenchanted With Obamacare’s Costs and Burdens; Health Care Law Arbitrarily Discriminates
69% of physicians are “pessimistic about the future of medicine” because of the 2010 healthcare law, notes Dr. Marc Siegel in USA Today. “Just…
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