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
Killed by Pension Accounting
Think accounting rules are a boring topic? You wouldn’t if the fate of your business rested on it. Indeed, a rule change may be coming…
Blog
Morning Media Summary
Tech: Facebook in Privacy Breach: “Many of the most popular applications, or “apps,” on the social-networking site Facebook Inc. have been transmitting…
Op-Eds
Delaying Foreclosures Only Adds to Pain
Federal housing promotion policies over-stimulated the supply and demand for housing and that destabilization continues. Efforts to make home ownership a “human right” are partly…
Blog
Restricting What People Eat, Based on the Ignorance of Food Snobs
There are increasing calls for the government to restrict salty food and fast-food restaurants, and tax fast food, to curb obesity. This is especially true…
Blog
Obamacare Results in 47 Percent Premium Hike
Obamacare has just led to a 47 percent increase in some health insurance premium rates in Connecticut: The state’s largest insurer has been approved to…
Blog
Regulation of the Day 153: Pentagon Cybersecurity
The military’s cybersecurity experts are governed by 193 documents. They are all conveniently listed in a chart. It is two feet long.
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