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: Bone void filler and halibut action
May’s job numbers were strong for the third month in a row, though job growth since Liberation Day remains under 100,000, for a labor force…
Blog
Free the Economy podcast: State budgets and bailouts with Thomas Savidge
In this week’s episode we cover promising new classroom technology, increasing productivity (and avoiding layoffs) with AI, and the repeal of the…
Blog
The week in regulations: Onion marketing and refrigerator leaks
PCE inflation, which the Federal Reserve uses for its interest rate decisions, rose to 3.8 percent, nearly double the Fed’s 2.0 percent target. President Trump…
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News Release
Clinton Budget Is Not The Full Story
Washington, DC, February 7, 2000 – President Clinton’s new fiscal year 2000 budget proposes to spend $1.84 trillion. While that enormous amount would absorb…
Products
OSHA: The 1970s Meet the 21st Century
The reaction certainly wasn’t what anybody expected, least of all at the Occupational Safety and Health Administration (OSHA). It was a simple letter in…
Study
Regulating Greenhouse Gases: Will EPA Take a Dive?
The International Center for Technology Assessment (ICTA) wants the Environmental Protection Agency (EPA) to regulate carbon dioxide. This fall, ICTA, an anti-technology group…
Op-Eds
A Cowboy Economy?
On recent trips to Europe, I’ve become increasingly aware of a reality disconnect between the way America is and the way we’re viewed…
Study
Federal Reinsurance for Homeowner’s Insurance: Another Capitol Hill Disaster.
Storm clouds over Capitol Hill. House Banking Committee members are teetering on the brink of triggering a mega-disaster this week that is pointed…
Op-Eds
An Antitrust Division Run Amok (Letter to the Editor)
I would have happily signed a letter urging a cap on the Depart ment of Justice’s Antitrust Division budget if I’d been asked [`Hardball and Windows,” op-ed, Oct.
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