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
How Much Would a Congressional Pay Cut Save?
Rep. Ann Kirkpatrick is proposing a 5 percent pay cut for members of Congress. For every $816,502 the federal government spends, that would save one…
Newsletter
Immigration Reform, SCOTUS and “Market Fundamentalism”
The New York Times reports that younger people are more likely to favor liberalized immigration policy than the baby boomer generation. The Supreme Court’s decision…
CNET
Congress May Roll Dice and Legalize Internet Gambling
Blog
Supreme Court Overturns Life Sentences Without Parole for Violent Juveniles, Citing “International Opinion”
The Supreme Court has just held that violent juveniles cannot be given a life sentence without the opportunity for parole, unless they succeed in killing…
Blog
Preempting State Pension Bailouts
Congress has long used its control of the federal government’s purse strings as a club with which to force states to change laws that fall…
Blog
The Myth of Bush the Deregulator
Contrary to popular belief, the Bush administration was the best friend regulators have had in a generation or more.
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