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
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…
Blog
The week in regulations: School libraries and sport pilots
The Federal Reserve raised interest rates. Congress passed a Russia sanctions bill that gives President Trump more tariff authority. Agencies issued new regulations ranging…
Blog
Free the Economy podcast: The Overton Window with James Hohman
In this week’s episode we cover Treasury yields, oil prices, US-China-Taiwan security policy, and Trump’s $5,000 dividend checks. Our…
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Citation
Ecuador taking control of more mining concessions, Petrobas oil field
Op-Eds
Ecuador Should End WFT Double-speak
In the midst of congratulating the Ecuadorian government on its landmark decision to eliminate the proposed 70 percent windfall tax on mining…
Citation
The Costs of Federal Regulation
Op-Eds
Oil Speculators ‘R’ Us
Those dastardly speculators! As well as oil company CEOs, traders in commodity futures have become convenient whipping boys for politicians of both…
Newsletter
Fewer New Laws, Disability Regulations and Bottled Water Bans
The current Congress has passed the fewest number of new laws in twenty years. The U.S. Justice Department finds that more than 100,000 apartments in…
Newsletter
Day Laborers in LA, Nuclear Power and Corporate Finance
Los Angeles lawmakers require home improvement stores to construct shelters for day laborers who wait for work in their parking lots. Electricity provider Constellation Energy…
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