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: 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…
Blog
Free the Economy podcast: State budgets and bailouts with Thomas Savidge
In this week’s episode we cover promising new classroom technology, increasing productivity (and avoiding layoffs) with AI, and the repeal of the…
Blog
The week in regulations: Onion marketing and refrigerator leaks
PCE inflation, which the Federal Reserve uses for its interest rate decisions, rose to 3.8 percent, nearly double the Fed’s 2.0 percent target. President Trump…
Search Posts
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22,000 Lose Their Health Insurance Due to Obamacare
Approximately 22,000 senior citizens just lost their health plan with Harvard Pilgrim Health Care, which dropped its Medicare Advantage Program due to “cuts in…
Blog
New EPA Rules Will Cost More than 800,000 Jobs
New EPA rules will cost more than 800,000 jobs, probably far more, according to a newly released congressional report. That includes the EPA’s…
Blog
Using Government to Weed Out Competitors
In states throughout the country, beverage distributors are stepping into the political ring and in every case the opponent is the same: competition. Since prohibition,…
Op-Eds
Response to How Would GOP’s ‘Pledge’ Affect Economy? – Pledge Takes On Overregulation
Though much of the commentary on the GOP’s “Pledge to America” has forcused on the areas of taxes and spending, the provision that may contain…
Blog
An Unpaid Internship at the White House
@whitehouse on Twitter alerted me this morning that applications for internships at the White House are due by October 3. I couldn’t help but look…
Blog
Regulation of the Day 151: Water Heaters
The EPA recommends setting your water heater to 20 degrees Fahrenheit. But OSHA recommends setting it to 140 degrees Fahrenheit. Why the difference?…
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