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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America Declines in Property Rights, Rule of Law
The World Economic Forum says that property rights are deteriorating in the United States, to the point where America ranks behind third-world countries…
Blog
VA Liquor Privatization Bought with Higher Taxes?
Free marketeers in the Commonwealth of Virginia waited with high hopes after Governor Bob McDonnell made the announcement that he planned to privatize state-run…
Blog
Obama Proposes $50 Billion More in Wasteful Deficit Spending
President Obama has proposed $50 billion more in deficit spending after his original $800 billion stimulus package…
Blog
Regulation of the Day Update: Ladies’ Night Bar Specials
Attorney Roy Den Hollander think ladies' nights are unconstitutional. So he sued several bars.
Newsletter
Bailouts, Wind Energy, and Credit Card Regulation
Hans Bader argues that the new bailout makes responsible citizens "Suckers." Myron Ebell thinks it is doubtful that wind farms will survive Hurricane Earl. John…
Blog
You Were a Sucker If You Were Responsible, Thrifty, and Saved Money for a Down Payment
The Obama administration will launch today a new $14 billion program to bail out some people who are underwater on their mortgages. During the…
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