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
Blog
Alcohol Regulation Roundup: December 7, 2011
Arizona: Liberalization of beer laws in Arizona has kick-started the state’s craft brewing market. The state allows small producers to skip the wholesaling tier…
Op-Eds
Without REINS It Pours: A Christmas Wish For Sane Government
This year, Congress has passed and the president has signed into law 39 pieces of legislation by my quick count. They’re representatives, elected precisely…
Blog
Legalizing Kidney Sales Would Save Thousands of Lives, Save Taxpayers a Bundle
Kidney sales should be legal, explains kidney donor Alexander Berger in The New York Times. Berger is a research analyst for GiveWell, a nonprofit that…
Blog
Brooks: More Regulations Don’t Have Huge Effect on Economy
David Brooks’ article today in The New York Times belittles the cost of regulation to American businesses and the U.S. economy and praises the…
News Release
House Expected to Vote Tomorrow on REINS Act
Washington, D.C., December 6, 2011 –Tomorrow, the U.S. House of Representatives will likely vote on the Regulations from the Executive In Need of Scrutiny…
Blog
Labor Leaders for Communism!
Legendary labor leader Andy Stern has seen the future. There's no freedom there, but he's OK with that. Stern, a former president of the Service…
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