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
Oyster Ban Update: Partial Victory!
The ban, due to take effect in 2011, has not been repealed outright. But, in response to public outcry, it has been delayed.
Blog
Stimulus Package Creates Imaginary Jobs, Destroys Jobs in the Real World
President Obama’s $800 billion stimulus package creates imaginary jobs, while destroying ones in the real world. Billions from the stimulus…
Newsletter
Bailout Transparency, Climate Politics and Mortgage Foreclosures
Rep. Carolyn Maloney introduces a bill to make public details of the bank bailout. Critics accuse President Obama of failing the world on climate change.
Blog
Fixing TARP: Is Transparency Enough?
Transparency is a good start. But the goal should be to not have government bailing out politically favored companies in the first place.
Blog
Labor’s Day at the Federalist Society
Workers may get violent if their wages are cut. The United Auto Workers union (UAW) has a monopoly and was an anchor on the…
Blog
Regulation of the Day 73: Snow Globes as Terrorist Threat
Yes, larger snow globes probably violate the TSA’s three-ounce limit for liquids. But they are not bombs. They are, in fact, snow globes.
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