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
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Alcohol Regulation Roundup: June 10, 2011
Reporting from around the nation on the ridiculous, the sad, and the sometimes positive news about the state of alcohol regulations. National: BuyaBeerCompany.com, a…
Blog
Regulation Roundup
A new Senate bill would make lip-synching to other people’s music a jailable offense, plus more.
Blog
Breaking Up is Hard to Do for Michigan Brewers
If you thought leaving a spouse was tough, just be thankful that you're not a brewery in need of a divorce from your dead-beat distributor.
Blog
Yet Another Way That Obamacare Is Unconstitutional: The Arguments in Florida v. HHS
In the Washington Examiner, I discuss the brief I recently filed on behalf of Minnesota and North Carolina legislators challenging Obamacare, which…
Op-Eds
GOP’s ‘Durbin Dozen’ Keeps Dodd-Frank Price Controls
Anywhere but the Senate, getting 54 votes out of 100 is a victory. And Wednesday, a bipartisan group of 54 Senators responded to concerns from…
Blog
GOP Durbin Dozen Blocks Dodd-Frank Rollback
Anywhere but the Senate, getting 54 votes out of 100 is a victory. And yesterday, a bipartisan group 0f 54 Senators responded to concerns…
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