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
Blog
New “stimulus plan” brewing in Congress
It is actually less of a “stimulus” plan and more of a “get government out of the way and stop inhibiting growth” plan. A bi-partisan…
Blog
In Defense of Urban Beekeeping
Beekeeping is an ancient human practice, with some anthropological evidence suggesting that primitive forms of honey bee domestication go back more than 4,000 years. Apiarists…
Blog
“Cell Phone Fear in San Francisco,” my article in Forbes.com
The king is dead. More accurately, Larry King is hanging up his suspenders after 25 years on TV interviewing essentially everybody who was anybody. His…
Blog
Automakers’ new problems – vampires and bears
Toyota complaints keep pouring in to the National Highway Safety Administration, and some are pretty darned bizarre. But most are less so than a Colorado…
Newsletter
EPA’s Gangster Style, LibertyWeek Turns 100 and Comparing BP to Enron
The Environmental Protection Agency and the National Highway Traffic Safety Administration gain the auto industry’s support for new fuel economy standards. The LibertyWeek podcast records…
Newsletter
Federal Spending, Free Trade and the Regulation Round-up
The House of Representatives passes a non-binding resolution to limit government spending. The Obama White House belatedly discovers the virtues of free trade. For those…
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