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: 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 to…
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 shout…
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…
Search Posts
Blog
Stimulus Package Kills Jobs, Drives Up Unemployment
Unemployment is now even higher than the Obama Administration said it would be if there were no stimulus package. At least 1.5 million…
Blog
Illegal Takeover of Chrysler: Pension Funds Have Standing in Indiana State Police Pension Trust v. Chrysler, LLC
Earlier, I wrote about the Indiana pension funds’ challenge to the Obama Administration’s plan to effectively give Chrysler to the UAW Union, while cheating…
Blog
Regulation of the Day: Drawbridge Schedules in Sturgeon Bay, WI
Today’s Regulation of the Day comes to us from the Department of Homeland Security (208,000 employees, $52 billion 2009 budget).
Newsletter
Chrysler in Court, the Costs of Regulation and a Global Tax on Airline Travel
A federal appeals court refuses to block Chrysler’s bankruptcy reorganization and sale to Fiat. A new study finds that compliance costs for federal regulation reached…
Washington Examiner
To Stimulate the Economy, Let it be Free
Lobbying is about the only sector of the economy experiencing a boom right now. This is a predictable effect of the tax-and-spend stimulus model favored…
Blog
Court Rebuffs Challenge to Illegal Chrysler Bailout and Takeover; Pension Funds Will Appeal to Supreme Court
A federal appeals court has refused to block the Administration’s illegal auto bailout, which rips off taxpayers and pension funds to enrich…
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