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: Blacksmith shops and airman certificates
Former Federal Reserve Chairman Alan Greenspan passed away. Neither the Reflecting Pool debacle nor its algae have faded away. PCE inflation is over 4…
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…
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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…
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Study
Encourage Competition between Different Types of Depository Institutions
Full Document Available in PDF Three major types of depository institutions—banks,…
Study
Forge a Bipartisan Approach to End Corporate Welfare
Full Document Available in PDF One of government’s primary current undertakings…
Study
Avoid Extending Antitrust Regulation into New Competitive Realms
Full Document Available in PDF Over the past several decades, until…
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Food Safety Modernization Act Passes; Unconstitutional Provision Supposedly Removed
The Food Safety Modernization Act was passed again by Congress on Sunday, apparently without a provision that earlier drew criticism for violating the Constitution by having a…
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Morning Media Summary
Tech: Chavez defends plan for Internet regulations: “Venezuelan President Hugo Chavez defended plans for a law that would impose broadcast-type regulations on the…
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Future FSA, HRA charges to fund ObamaCare
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