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
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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…
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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…
Search Posts
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Who’s Afraid of Walmart?
As surely as summer follows spring, it seems like every new Walmart store opening announcement in a major city is now followed by protests. The…
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Hormones in Milk: They Do a Body Good
Today's Washington Post Food section contains a number of articles following up on the Post's "The Future…
Blog
Regulation of the Day 173: Yellow Pages
San Francisco is phasing out the distribution of hard-copy Yellow Pages.
Blog
Time to Recharter Executive Agencies
Several government agencies are mightier today than traditional departments like the Treasury. For instance, the EPA is one of the major regulatory bodies and…
Blog
The FCC is Broken
A new report in The Hill notes House Republicans’ concern over “dysfunction” at the Federal Communications Commission (FCC) and the need for overhaul. Their…
Op-Eds
When Washington Fails a Cost-Benefit Test
Today I’m pretending I’m a bureaucrat, and I’ve decided you shouldn’t do backflips on a pogo stick. Also, nousing a pogo…
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