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 executive order to make freedom mandatory
The White House Office of Management and Budget’s (OMB) new “Streamlining the Review of Regulatory Actions” memorandum signals a potentially transformative shift in Washington’s…
Blog
Free the Economy podcast: Charting tariff madness with Joey Politano
In this week’s episode we talk about changes in consumer credit, disappearing fast-food jobs in California, and six things the climate movement…
Forbes
Regulation Renovation: The Executive Order To Make Deregulation Permanent
The White House Office of Management and Budget’s new Streamlining the Review of Regulatory Actions memorandum signals a preferential stance toward deregulation, urging…
Search Posts
Blog
Appetite for Creative Destruction
Duff McKagan of Guns n’ Roses fame is going to be writing on financial matters at Playboy.com. What makes this more interesting than the…
Blog
Renewable Energy Jobs Will Have To Wait
The porcine stimulus bill passed by the House contains $15 billion in capital investments and loan guarantees for renewable energy projects and new electric transmission…
Newsletter
A Plea for Bottled Water, Stimulus to Nowhere and Al Gore’s Venus Envy
Emergency officials in Kentucky put out the call for volunteers and donations of bottled water. Republicans leaders doubt that the federal stimulus spending bill will…
Blog
Len Nichols of NAF on Incentives in Health Care
12:52pm Len Nichols of the New America Foundation is driving down the same “Middle Road” that the last panel plotted out. So far,…
Blog
Heart Docs & Health Reform: What about Regulation?
I’m listening now to a panel discussion at the America College or Cardiology Health System Reform Summit. The panel’s topic: “Health Care Reform: State Models…
Blog
Increasingly Lost Property Rights
Most people probably think “wetlands” should be wet. But not in the view of federal bureaucrats. Land can be perfectly dry–indeed, never have the slightest…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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