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
National Center for Policy Analysis
Special Interest at Heart of CARE Act
National Center for Policy Analysis
The Wisdom of the Debt Ceiling
Even though I often disagree with his conclusions, I’ve long been a fan of New Yorker correspondent James Surowiecki. In his articles and his book,…
Blog
Mandatory Data Retention Rears its Ugly Head Again
This morning the House Judiciary Committee began markup on H.R. 1981, the “Protecting Children from Internet Pornographers Act of 2011,” which would among other things force…
Blog
Thousands of Jobs and Billions in Wealth Wiped Out by Dodd-Frank Conflict Minerals Provision
Thanks to the "conflict minerals" provisions of the 2010 Dodd-Frank law, thousands of the world's poorest people will lose their jobs. Why? Simply because they…
Blog
Regulation of the Day 188: Cat Licenses
San Diego's city government is going through tough financial times. But legislators have found a lucrative possible revenue source: the city’s 373,000 cats. The city…
National Center for Policy Analysis
False Prophets of Debt-Ceiling Doom
If I didn’t know any better, I’d be on the lookout Tuesday for the Four Horsemen of the Apocalypse. With Aug. 2 just around the…
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