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
Growing Young Statists
Gene Healy’s column in Examiner today chronicles the alarming statism and collectivism of today’s youth and tomorrow’s voters. The generation born from the…
Blog
Reason’s Shikha Dalmia on EFCA’s Binding Arbitration Provision
With Al Franken joining the Senate, public attention is again turning to the so-called Employee Free Choice Act (EFCA). In the weekend Wall Street Journal,…
Newsletter
Sotomayor in the Senate, The New GM and State Farm in Florida
Judge Sonia Sotomayor prepares for her confirmation hearings in the Senate. A slimmed-down General Motors emerges from bankruptcy. Florida’s insurance commissioner claims to have “a…
Blog
“It would be hard to devise a surer formula for economic catastrophe.”
It may not be in a debacle like California’s, but I still find it galling to see my home state of Florida go from being…
Blog
Reason’s Michael Moynihan on the SEIU Chavistas
At Reason Hit & Run, Michael C. Moynihan looks at the Service Employees Internatinoal Union’s harassing of broadcasters who air ads opposing the so-called…
Newsletter
Safe Bottled Water, a Second Stimulus and Keeping Government out of Insurance
Rep. Bart Stupak (D-MI) questions the safety of the U.S. bottled water industry. Officials consider putting together a second stimulus package to follow the $787…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
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Ryan Young
Senior Economist and Director of Publications
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
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