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…
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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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Op-Eds
A Federal Black Friday
Black Friday this year was a roaring success. I have heard it said that it is called Black Friday not because it inspires black tempers…
Op-Eds
Manhattan Moment: Here’s the Right Way to Do Regulatory Relief
In the seemingly endless debate about how to put Americans back to work, one solution dare not speak its name: deregulation. Yet if implemented correctly,…
Blog
Hidden Regulations Stifle Job Creation; EEOC Kills Jobs By Promoting Lawsuits
When reporters write stories about the cost of regulations, they only focus on regulations found in formal codes of regulations. But most regulations aren't formal…
Blog
Barney Frank’s Cognitive Dissonance on Liberties and Risk-Taking
Congress will certainly be different and, for the country, better with the absence of Rep. Barney Frank, who announced today he will not seek reelection.
Blog
Regulation of the Day 201: Playground Chatter
Quebec officials are starting to listen in on what children are talking about on school playgrounds during recess to make sure they are speaking French.
Blog
Update on FMCSA’s Proposed Hours-of-Service Rule
The Federal Motor Carrier Safety Administration (FMCSA), the agency tasked with writing and enforcing safety regulations for large trucks and buses, is due today to…
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