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
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 shout…
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…
Search Posts
Blog
Now Crist Goes after Utilities
Not content with exposing Florida to financial catastrophe by taking on responsibility for insuring coastal properties, Florida Governor Charlie Crist (R) continues his assault…
Blog
Corporate Human Rights?
Over at the Detroit News, Hans Bader and I explain why corporations have human rights despite not being human. The reason why? Transaction costs.
Newsletter
Climate Science Destroyed, Online Drug Advertising and Opposing Net Neutrality
A government-funded research center destroys the original data behind its predictions of global warming. The Food and Drug Administrations seeks input about online advertising of…
Blog
Regulation of the Day 56: Kahlua in Ohio
Kahlua contains 20% alcohol in 49 states. But in Ohio, it is 21.5%. Weird, huh? Turns out regulations are the reason.
Blog
Net Neutrality and Rent-Seeking
Net neutrality proposals give companies the incentive to seek rents at each other’s expense when they could be benefitting from each other’s innovations instead.
Blog
Unemployment Rises to 26-Year High of 9.8%; Obama’s Policies Worsen Unemployment and Credit Crunch
Unemployment has risen to 9.8 percent, a 26-year high. That’s much higher than the Obama administration predicted unemployment would rise, if Congress had refused…
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