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
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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…
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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…
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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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Menthol cigarettes aren’t cool to the FDA
In what could be one of its most paternalistic moves, the Food and Drug Administration is considering banning menthol in cigarettes – not because…
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The Case Against Subsidized High-Speed Rail
President Obama’s stimulus package set aside $8 billion in subsidies for high-speed rail projects in the United States (known as the High-Speed Intercity Passenger Rail…
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Bailout Watch: Union and Public Employee Pensions
As the strain on state and local government budgets around the country worsens, public employee unions have gone on the defensive, painting themselves as scapegoats…
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Regulation of the Day 131: Airport Vendors
Laws are supposed to be made by legislative branch, not the executive. What we have here is one more case of regulation without representation, out…
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Regulatory Problem, Regulatory Solution?
A dying patient in the UK's NHS made the news after nurses refused to bring him a glass of water, despite his repeated begging. Had…
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Washingtonian mag: Stern is “union boss number one”
The current issue of Washingtonian magazine features a long, fairly in-depth interview with Service Employees International Union (SEIU) President Andrew Stern, whom author Chris…
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