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…
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…
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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…
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Op-Eds
The Regulatory Recession
The debt ceiling negotiations and debates over government spending have transfixed the nation for the last few weeks. President Obama’s call for a “clean” debt…
Comment
Comments to DOT in the matter of Notice of Proposed Rulemaking (NPRM), 67 Fed. Reg. 69366
Full Document Available in PDF…
Blog
Hoover Didn’t Cut Spending, and Spending Cuts Didn’t Trigger the 1937 Roosevelt Recession
The false left-wing meme of the day is that the modest spending cuts in Sunday's debt limit deal are bad, because spending cuts caused the…
Barrasso
Red Tape Review August 5, 2011
Barrasso
Government in Your Car
CEI General Counsel Sam Kazman discusses the unintended consequences of government mandates for auto manufacturers. CAFE fuel effciency standards result in smaller, lighter cars, which…
Blog
Welcome to What Recovery?
Today, August 3, 2011, marks the one year anniversary of Treasure Secretary Tim Geithner’s op-ed in The New York Times, ostentatiously titled “Welcome…
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