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…
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Newsletter
Health Care Compromise, Growing Deficits and a Sugar Shortage
The White House signals a willingness to compromise on health care reform. The federal budget deficit hits $1.27 trillion. Major food companies warn that the…
Blog
Regulation of the Day 33: Pressure-Sensitive Plastic Tape
Ending the levy would “likely to lead to continuation or recurrence of dumping,” so it’s here to stay. Domestic tape producers must be pleased. Consumers,…
Comment
Letter to Securities and Exchange Commission: Reforming Shareholder Director Nominations
Thank you for allowing me the opportunity to submit comments on the proposed rule governing shareholder nominations of corporate directors on behalf of the…
Blog
Tim Carney on State-Level Insurance Protectionism
In one regulated area of the economy after another, it’s exasperating to hear journalists and pundits claim that, “The market has failed,” when in fact…
Blog
Federal Budget Deficit Hits $1,270,000,000,000
Federal spending is going up. Tax receipts are going down. 2009's federal budget deficit is now up to $1.27 trillion as a result. That's about…
Blog
Don’t Forget Cap and Trade!
Even though 4 Democratic Senators are so nervous about the electricity tax called cap-and-trade they are urging their leadership to drop it from 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