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: Neck floats and glazed bus portals
President Trump opened a criminal investigation into Federal Reserve Chair Jerome Powell. He also proposed capping credit card interest rates at 10 percent, effective January…
Blog
Free the Economy podcast: Total boomer luxury communism with Russ Greene
In this week’s episode we talk about Trump’s 10 percent credit card interest proposal (and the dangers of populist economics in general),…
Blog
The 2026 Unconstitutionality Index: 18 rules for every law
Article I of the Constitution vests enumerated legislative powers solely with Congress. In practice, however, administrative agencies do most of the lawmaking. Congress enacts weighty…
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Op-Eds
United Nations Day of Shame
UN Secretary-General Kofi Annan recently declared that the global pursuit of scientific endeavors is marked by inequality. Noting that developing countries invest much…
News Release
General Accounting Office Reports on Cable TV Rates
Contacts: <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Ms. Solveig Singleton, 202.331.2274, [email protected]…
Study
Federal Pesticide Law Needs an Overhaul: Anti-Competitive Effects Hit Consumers, A Case Study
Full Document Available in PDF Most Americans believe that the federal regulatory process is simply designed to protect them from fraud and…
News Release
International Airline Deregulation
Click here to visit the Kojo Nnamdi Show’s Web site.<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> …
Op-Eds
Vox Populi and Public Policy
“How can you tell whether a whale is a mammal or a fish?” a teacher asks her third-grade class. “Take a vote?” pipes…
News Release
Court Verdict Threatens Future of Internet
<?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” /> Washington, D.C., October 8, 2003—A federal court decision this week has thrown the commercial future…
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