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 regulatory dark matter beyond Washington’s graveyard of rules: 83,141 ghosts and counting
The clocks have turned back, the days are growing darker, and Washington’s regulatory shadows lengthen. Washington’s policy ghouls are waking up to the fact…
Blog
The week in regulations: Space modernization and closed captioning
Sir Patrick Stewart passed away at age 86. GDP growth came in higher than average for the third quarter, but so did September’s PCE…
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…
Search Posts
Blog
FDA Killing Big Beer’s Competitors
If you saw the movie Beer Wars, which was released last year, you might remember one hard-working entrepreneur featured in the film named Rhonda…
Blog
TSA Regulations Likely Increase Travel Deaths
As air travel becomes increasingly expensive or more inconvenient, travelers on the margin will choose driving rather than flying. For example, the TSA began requiring…
Blog
Morning Media Summary
Tech: House bill would give DHS authority over private sector networks: “A new bill unveiled Wednesday by House Homeland Security…
Blog
Regulation of the Day 159: Playing Chess
"A squad of cops in bulletproof vests" arrested seven men for playing chess in a New York City park.
Blog
Now! In Black and White, the Toyota Hysteria Exemplified!
It’s not “live!” It’s not even “In color!” And there’s no sound. But it’s quite stunning. A surveillance video posted by Fox Chicago News…
Blog
Morning Media Summary
Tech: Sen. Rockefeller: FCC Should Take Fox News, MSNBC Off Airways: “SEN. JAY ROCKEFELLER (D-WV): “There’s a little bug inside of me which…
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