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
News Release
Regulators propose improvements to Clean Water Act regs: CEI analysis
Today, the Environmental Protection Agency and the U.S. Army Corps of Engineers released a pre-publication copy of a supplemental notice of proposed…
Blog
Free the Economy podcast: Maximum New York with Daniel Golliher
In this week’s episode we cover climate collusion between California and Quebec, how luxurious college campuses are breeding socialists, and government…
Blog
The regulatory costs we still aren’t counting
Several years ago, I assembled a “Costberg” working paper surveying the largely impenetrable and undisclosed costs of regulation. The project grew out of…
Search Posts
Blog
Zero-Based Governing and Improving the State of the Union
Removing burdensome regulations on small business hasn’t figured much into the economic recovery program thus far. Too bad. Alternatives to “spendulus” and the “Bailout to…
Blog
SOTU Watch: Card Check
In President Obama’s State of the Union speech tonight, one thing to watch for is mention of the so-called Employee Free Choice Act (EFCA) —…
Blog
More Behavorial Advertising Adventures
Back in January I wrote about several advertising industry trade associations coming together to impose self-regulation in an attempt to deter…
Blog
Coming Soon: A Predatory, Anti-Business Federal Trade Commission?
Even an economy in shambles shall not sway the elevation to Federal Trade Commission chairmanship of Jon Leibowitz, an interventionist-minded commissioner who, like all…
Blog
A Gamer Win For Parenting
If you’ve followed my posts here at OpenMarket.org or at my personal site, you’re well aware of the fact that I…
Blog
Top Ten Federal Rules to Jettison — According to Small Businesses
The Small Business Administration’s Regulatory Review and Reform initiative (r3) has a new compilation of rules that need reform, according to small businesses across…
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