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
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…
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…
Search Posts
Blog
Banks trying to recoup from bad loans and inadequate reserves urged to lend
There’s a juxtaposition in a Washington Post article today that deserves a “Wha?” The article focuses on the huge drop in bank lending in…
Blog
Regulation of the Day 118: Unlicensed Dogs
In Los Angeles, it is illegal to own a dog without a license. Packs of wild, unlicensed dogs roam the streets at night. People are…
Blog
The government’s conflict of interest in the Toyota witch hunt
You don’t need to look for ulterior motives in the government attacks on Toyota, which include not just the current congressional hearings but such things…
Blog
Bhagwati on climate change — please, no
In today’s Financial Times, noted trade economist Jagdish Bhagwati strays again into the climate change debate – and he doesn’t apply his usually sharp…
Blog
Regulation of the Day 117: Hot Dogs
The AAP says hot dogs are a choking hazard for children. According to the data, Little Timmy is literally more likely to be struck by…
Blog
Credit CARD Act penalizes thrift and entrepreneurship; interchange fee controls would compound harm to consumers
Today, the Credit Card Accountability, Responsibility, and Disclosure (CARD) Act of 2009 goes into effect. While the law, passed last May, is being hailed as…
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