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
A Definition of Unsustainable: The Long-Term Budget Outlook
The Congressional Budget Office has released its latest edition of the Long-Term Budget Outlook, and it makes for grim reading. Federal debt is currently…
Blog
What Unions Could Learn from AARP
Last week the American Association of Retired Persons (AARP) announced a major policy shift regarding Social Security. Formerly seen as the largest opponent to…
Blog
Stealing You Blind: Plans for Future Theft
One of the themes of Stealing You Blind is how public sector unions have worked with politicians to organize an industrial-scale transfer of wealth…
Op-Eds
Catching Air Without NASA: How Will We Regulate Commercial Space Flight?
What if having a vibrant space program requires bypassing NASA? There exist great pressures for change despite NASA’s signature successes. The private experimental launches…
Tech News World
FCC Aims to Get Carriers’ Sticky Fingers Out of Customers’ Pockets
Blog
We Need Regulators, Not Interveners
Most of what people call regulation doesn't have anything to with regular commerce. These kinds of rules are more accurately called interventions.
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