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: 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…
Blog
The week in regulations: Onion marketing and refrigerator leaks
PCE inflation, which the Federal Reserve uses for its interest rate decisions, rose to 3.8 percent, nearly double the Fed’s 2.0 percent target. President Trump…
Search Posts
Blog
Russia introduces strict new antitrust law
Russian President Dmitriy Medvedev has signed into law amendments that will bring increased penalties for price collusion and unfair competition. The new amendments will allow…
Blog
Policy Translated: Special Access Reform
[youtube:http://www.youtube.com/watch?v=JQO84UjQ2Fg 285 234]…
Blog
Regulation of the Day 23: Texting While Driving
Texting while driving is both dumb and dangerous. But making it a crime won’t make people stop doing it. It will merely make more people…
Blog
Food Police Attack Denny’s Over Salt
It seems that the food police at the unconscionably named Center for Science in the Public Interest are at it again. Last week, CSPI filed…
Blog
Best Way to Curb Irrational Exurberance?
Zachary Goldfarb, a Washington Post staff writer, discusses (p. A10, “SEC Moves to Limit Short Sales of Stocks”) this SEC proposal – sympathetically. The article…
Blog
Regulation of the Day 22: Rhinestones
The Consumer Product Safety Commission, after much deliberation, has banned crystal rhinestones from children's products, despite no evidence of harm.
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