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: Safe explosives and baker’s yeast
President Trump proposed an export ban on diesel fuel. Mortgage rates topped 7 percent. Agencies issued new regulations ranging from bank mergers to window…
Blog
Free the Economy podcast: Gen Z capitalism with Sam Raus
In this week’s episode we cover how data centers power our lives, how modern technology is fueling family togetherness, and the…
National Review
From Munitions Shortage to Ebola, Dodd–Frank Minerals Measure Makes Things Worse
A scan of news headlines warns readers of two seemingly unrelated dangers around the globe. One is a potential shortage of missiles, interceptors, and…
Search Posts
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Fraud in More Ways Than One
The news of the federal fraud charges against billionaire Texan financier Sir Allen Stanford (he got the knighthood from his dual citizenship from Antigua)…
Blog
Will Lisa Jackson turn the Clean Air Act into a gigantic de-stimulus package?
Earlier this week, in a letter to Sierra Club climate council David Bookbinder, EPA Administrator Lisa Jackson said the Agency would reconsider, via…
Blog
Michigan Steps Aside for Stimulus
Oregonian brewers looking for a new home may want to consider moving to Michigan where a state authority may just understand the principle…
Blog
Bad McCarty! Bad!
Will regulators never learn? You can’t force businesses to actively pursue a business model that is unprofitable. Florida’s Governor Charlie Crist and Insurance regulator Kevin…
Blog
Null Government
Well, the Spendulus/Stimulus will be signed into law within minutes. We’ll soon learn that even this Leviathan-In-A-Box is only the beginning of the Age…
Blog
“Spendulus” conference report has passed the House
But thought you might be interested in one congressman’s last-minute appeal to sanity. You, dear reader, are a person things are done to.
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