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
Blog
Regulation of the Day 137: Brownie Recipes
The Pentagon's official brownie recipe is 26 pages long.
Blog
Democrats Block Reform of Corrupt Mortgage Giants; Fannie Mae and Freddie Mac Will Receive Billions More in Bailouts for Government-Sponsored Enterprises
In a party-line, 56-to-43 vote yesterday, Senate Democrats blocked any reform of Fannie Mae and Freddie Mac, the corrupt, government-backed mortgage giants that…
Blog
ObamaCare Deeply Unpopular: Democratic Congressman Who Voted for Health Care Bill Loses Primary Election
ObamaCare is so unpopular in West Virginia that veteran Democratic Congressman Alan Mollohan lost reelection in yesterday’s Democratic primary to a state senator who…
Blog
The Enviro-Left Machine in Action
Fenton Communications has a long history of work within the left-wing advocacy apparatus. I’m delighted to see a great addition to the blogosphere, the…
Blog
The Toyota Hobgoblin, my piece in today’s Philly Inquirer
‘The whole aim of practical politics,” wrote H.L. Mencken, “is to keep the populace alarmed (and hence clamorous to be led to safety) by menacing…
Newsletter
Cap and Trade, FCC’s “Future of Media” Project and Another Fannie Mae Bailout
Sen. Lindsey Graham withdraws his support for climate legislation co-sponsored by Sens. John Kerry and Joe Lieberman. The Federal Communications Commission is launching a “Future…
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