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
Op-Eds
Obama’s New Financial Regulation Bill Strangles America’s Economy with Red Tape
The 2,315 page Dodd-Frank financial regulation bill that passed the Senate 60-39 on Thursday and will be signed by President Obama next week should not…
Op-Eds
Who Won Big in the Financial Bill – More Muscle for Big Merchants
It’s usually not that easy for big retail chains to win battles on Capitol Hill — particularly if they are trying to secure a benefit…
Op-Eds
Dodd-Frank is not “Financial Reform,” it’s More Big Government Lunacy
The 2,315 page Dodd-Frank financial regulation bill should not be called “financial reform.” Instead, it should be called what for what it is: pages and pages of…
Letters
Senate Should Reject Dodd-Frank
Full Document Available in PDF The so-called financial “reform” legislation, agreed to by House and Senate Democrats in Conference, and…
Blog
Abolish Law School, Keep the Bar Exam
Elizabeth Wurtzel argues that the bar exam should be abolished because many illustrious lawyer-politicians flunked it on their first try. I disagree. Passing the…
Blog
EPA, Not Jones Act, Blocked Dutch Skimmers
It was apparently the EPA, not the Jones Act, that blocked Dutch skimmers from cleaning up the oil spill in Louisiana in late April:…
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