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: Affording the American Dream with Akash Chougule
In this week’s episode we cover what’s making housing so expensive, the common good of the Constitution, and more jawboning…
Blog
The week in regulations: Mailing live animals and crash test dummy comments
A Trump administration envoy to Russia called Vladimir Putin a humanitarian. The Justice Department announced it will sue if the Republican Senate candidate in…
Blog
Free the Economy podcast: The Grim Old Days with Chelsea Follett
In this week’s episode we cover global energy security, a new lawsuit against Section 338 tariffs, and fresh talent in…
Search Posts
Citation
Future FSA, HRA charges to fund ObamaCare
Before It's News
FCC Threatens to Impose Destructive Rules on Internet
Before It's News
The Fed’s Christmas Gift: Reduced Fees for Fat-Cat Merchants
On a snowy Thursday in the nation’s capital – with little more than a week to go until Christmas – the Board of Governors of…
Blog
Judicial Hellholes Kill Jobs and Redistribute Wealth
The most recent list of judicial hellholes has just been released by the American Tort Reform Association. It lists “courts in Philadelphia; California’s Los Angeles…
Blog
Morning Media Summary
Tech: FCC’s net neutrality plan faces growing chorus of bipartisan opposition: “As the Federal Communications Commission (FCC) prepares to vote next week on…
Blog
Nanny-Statist CSPI Sues to Ban Happy Meals at McDonald’s
An ill-informed left-wing group, the Center for Science in the Public Interest, is suing McDonald’s in California to ban toys from Happy…
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