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
An America250 funeral for the 80-year-old Administrative Procedure Act
Clyde Wayne Crews Jr. As America approaches its 250th anniversary, another institution reaches a milestone of its own. The Administrative Procedure Act of…
Blog
The week in regulations: Cyber sanctions and tinnitus relief devices
Inflation is now more than double the Federal Reserve’s target. The Iran war heated up again. Agencies issued new regulations ranging from vending stands…
Blog
Free the Economy podcast: Taxing the rich with Jared Walczak
In this week’s episode we cover America’s low-income churn, reforms to civil asset forfeiture, changes to vehicle emissions testing, a…
Search Posts
Blog
A Fit of Sanity on ITAR
Over at Space Politics, Jeff Foust reports that the House has passed a bill allowing the administration to remove satellites from…
Hawaii Reporter
Grassroot Perspective: Regulators Run Wild, the West Side’s Story, and More
From Malia Hill's column in The Hawaii Reporter: Credit must be given to whoever thought up the title for the new report on…
Blog
Facebook, Overregulation, and the “Cheers IPOs”: Unshackling the Next Facebook and Its Investors
Whether or not a retail investor buys shares of Facebook when it finally goes public tomorrow -- and OpenMarket provides public policy, rather than investment,…
Hawaii Reporter
Horses In the Dining Room?
From Rep. Jason Chaffetz’ op-ed in The Daily Herald: Some 1.65 million lawsuits are filed each year over enforcement of federal regulations…
Bloomberg
Light Bulb Battle Pits Tea Party Against Manufacturers
From Ari Natter's article in Bloomberg: “I think that many people feel it is a personal intrusion into their lives by government,” said…
Blog
Ten Thousand Commandments: An Annual Survey of the Regulatory State
The latest edition of my colleague Wayne Crews’s annual snapshot of the regulatory state, “Ten Thousand Commandments,” is out. This year’s lowlights include: Estimated…
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