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…
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Blog
Missouri Voters Overwhelmingly Reject ObamaCare’s Individual Mandate in Referendum
“Missouri voters on Tuesday overwhelmingly rejected a federal mandate to purchase health insurance, rebuking President Barack Obama’s administration and giving Republicans their first political…
Blog
Left-Wing Politician Faces Ethics Charges for Improperly Using Influence to Aid Bank
Rep. Maxine Waters (D-Calif.) is facing ethics charges after she improperly used her influence to get special favors from regulators, and costly taxpayer bailouts,…
Blog
The Environment is a Luxury Good
One of the central insights of Free-Market Environmentalism is that people treat the environment as a luxury good. They are willing to pay for it…
Newsletter
The Politics of Booze, Challenging Obamacare and “Paycheck Fairness”
Beer wholesalers have been throwing massive amounts of money at Washington. A federal judge in Virginia allows the state’s lawsuit against Obamacare to proceed. The…
Blog
Regulation of the Day 145: Unregistered Chariots
King Tut's chariot is now on exhibit in New York, but not without incident. Officials demanded to see its VIN before Allowing it in the…
Blog
Paycheck Fairness Act Would Mandate Equal Pay for Unequal Work
The Obama administration wants to force employers to pay some people equal amounts for doing unequal work, through a deceptive bill known as the Paycheck…
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