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: Safe explosives and baker’s yeast
President Trump proposed an export ban on diesel fuel. Mortgage rates topped 7 percent. Agencies issued new regulations ranging from bank mergers to window…
Blog
Free the Economy podcast: Gen Z capitalism with Sam Raus
In this week’s episode we cover how data centers power our lives, how modern technology is fueling family togetherness, and the…
National Review
From Munitions Shortage to Ebola, Dodd–Frank Minerals Measure Makes Things Worse
A scan of news headlines warns readers of two seemingly unrelated dangers around the globe. One is a potential shortage of missiles, interceptors, and…
Search Posts
Blog
Regulation of the Day 112: Importing Pork Rinds
The federal government is loosening its restrictions on importing pork rinds from Brazil.
Blog
Regulation of the Day 111: Buying Wine in New York
It is illegal for grocery stores to sell wine in the state of New York. Only liquor stores are allowed to sell the stuff.
Blog
“Health Care Freedom” Bills Pass Virginia Senate
The Virginia State Senate passed “health care freedom” bills giving citizens the right not to be forced to buy health insurance. This sets…
Blog
Regulation of the Day 110: Watching the Super Bowl
Hosting a Super Bowl party this Sunday? You might be interested to know that it is technically illegal to watch the Super Bowl on a…
Blog
“Killer Cans And Toxic Baby Bottles,” my piece in Investor’s Business Daily
Should we worry about a common chemical almost all of us carry in our bodies that activists claim causes a list of diseases longer…
Blog
Regulation of the Day 109: Unplanned Castles
In 2002, Robert Fidler built his family a house that resembles a castle. It is his dream home. Authorities want to require him to demolish…
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