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
Meet Your New Mom: Kathleen Sebelius and Cigarette Warnings
Health and Human Services Director Kathleen Sebelius recently made a revealing statement on how she perceives the role of government and her place within…
Blog
A Peek Inside the Bureaucrat’s Mind
By now, this story about the city of Portland, Oregon, deciding to drain nearly 8 million gallons of water from one…
Blog
Improve Americans’ Physical and Fiscal Health: Cut Out the FDA
President Obama made a big show about cutting “red tape” government regulations that kill jobs and hurt the economy. In addition, members of the…
Blog
More Proof That Unions Don’t Improve Schools
Schools in right-to-work states (where unions are weak) are getting better and better over time compared to schools in heavily-unionized states. As Walter Russell Mead…
Citation
Upton: House Will Vote to Bring Back the Bulb
Daily Caller
Regulators Should Regulate Economy, Not Intervene In It
Just as surely as summer is followed by autumn, it seems that these days every proposed corporate merger is followed by antitrust complaints —…
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