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 deregulation machine hits bureaucratic resistance
A new White House Office of Management and Budget (OMB) memo, “Streamlining the Review of Deregulatory Actions,” poses an ambitious test: can agencies use…
Blog
Free the Economy podcast: Truth, lies, and economics with Jeremy Horpendahl
In this week’s episode we talk about Social Security’s cost of living, conserving rare earth minerals, and why California keeps losing…
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The week in regulations, shutdown edition: Student loans and foreigners’ biometric data
President Trump announced a trade deal with China. The Federal Reserve cut interest rates. The continued federal shutdown meant another slow week in the Federal…
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News Release
Ruling on Tobacco Settlement Payments Expected
Contact: <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Christine Hall, 202.331.2258 Jody Clarke, 202.331.2252…
Op-Eds
Congress’ Silk Purse
During the Capitol Hill budget debates, many spectators must have found the use of the term “earmarking” somewhat strange. What does it have…
Op-Eds
Reform the Reformers
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> On the Saturday Show (Jan. 21), NPR commentator John Ydstie, in a…
Op-Eds
New Drug Demagoguery
“New Drugs Hit the Market, but Promised Trials Go Undone” and “FDA: Drug Companies Drop Ball on Studies,” the headlines blared.
Products
How Sarbanes-Oxley Hinders Technology Transfer
I grew up here in Kansas City, on the Kansas side, Johnson County. Ewing Kaufman left the Kaufman Foundation as his legacy, along with many…
Op-Eds
Speaking in Tongues
In Monty Python’s classic "Hungarian Phrasebook" sketch, a Hungarian tourist walks into a British tobacconist’s shop, and, consulting a faulty phrasebook, tells…
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