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 regulatory dark matter beyond Washington’s graveyard of rules: 83,141 ghosts and counting
The clocks have turned back, the days are growing darker, and Washington’s regulatory shadows lengthen. Washington’s policy ghouls are waking up to the fact…
Blog
The week in regulations: Space modernization and closed captioning
Sir Patrick Stewart passed away at age 86. GDP growth came in higher than average for the third quarter, but so did September’s PCE…
Blog
Free the Economy podcast: Affording the American Dream with Akash Chougule
In this week’s episode we cover what’s making housing so expensive, the common good of the Constitution, and more jawboning…
Search Posts
Blog
ObamaCare Vastly Expands IRS Red Tape and Power, Raises Medical and Insurance Costs, Taxes, and Deficits, and Harms Very Sick People
“Billions of more documents” will be have to be filled out by small businesses for the IRS so that a “spendthrift Congress can shake…
Blog
Regulation of the Day 134: Not Voting
Despite its flaws, democracy has worked tolerably well in this country for a long time. Perhaps the best part of our particular democracy is that…
Blog
As financial vote fails in Senate, Florida shows how to really protect consumers from deception
Yesterday, the Senate failed to achive the 60 votes necessary to move forward on the Restoring American Financial Stablity Act. All Republicans present and Sen.
Blog
Fixing America’s Immigration Black Market
In today's American Spectator, Alex Nowrasteh and I make the case that lowering the cost of legal immigration through liberalization will reduce the amount of…
Op-Eds
Enough with SEC Porn; What about Obama’s Financial Lies?
There are plenty of problems with the financial “reform” bill, but the media aren’t interested in that. They’re much more interested in revelations that…
Blog
ObamaCare Will Raise Insurance Premiums and Health Care Costs, Perhaps Bankrupt Hospitals, Federal Officials Admit
“Economic experts from President Obama’s own Health and Human Services Department have released a devastating report noting that Obamacare ‘will increase national health care…
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