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
An America250 funeral for the 80-year-old Administrative Procedure Act
Clyde Wayne Crews Jr. As America approaches its 250th anniversary, another institution reaches a milestone of its own. The Administrative Procedure Act of…
Blog
The week in regulations: Cyber sanctions and tinnitus relief devices
Inflation is now more than double the Federal Reserve’s target. The Iran war heated up again. Agencies issued new regulations ranging from vending stands…
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…
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Blog
Regulation of the Day: Cap and Trade
The Waxman-Markey cap and trade bill that passed the House last week contains 397 new regulations.
Op-Eds
Non-Profits Can Help the District’s Failing Economy
Public charities — organizations that do everything from advocating for wildlife to supporting stronger national defense — are the heart of Washington, D.C.’s private…
Blog
Supreme Court Rules in Favor of White and Hispanic Firefighters in Ricci v. DeStefano
The Court reversed a decision by the Second Circuit Court of Appeals, including Judge Sonia Sotomayor. . . The Supreme Court held that this was…
Blog
Regulation of the Day: School Buses
Because of overwhelmingly negative comments, DOT has decided not to go forward with a proposed change to federal school bus policy (isn’t education supposed to…
Op-Eds
Media Ignore Negative Aspects of Obama Agenda
Mark Tapscott is right that much of the media are “in the tank for Obama.” That’s why they failed to report on how his stimulus…
Blog
Green Pork and (Davis) Bacon
The alliance between organized labor and leftist environmentalists remains as strong as ever. As Carter Wood at Shopfloor.org notes, the Waxman-Markey climate change bill…
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