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: The business of Federalism with Derek Kreifels
In this week’s episode we cover childcare in the 50 states, how to fix rising healthcare costs, the new Institute for…
Blog
The week in regulations: Pipeline safety and NFL Draft security
Federal Reserve Chair nominee Kevin Warsh had his confirmation hearing, and President Trump dropped his criminal investigation into Jerome Powell. The government is poised to…
Blog
Free the Economy podcast: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
Search Posts
Blog
Virginia Postrel on Her Own Brush with Cost-Effective Drug Research
One letter writer argues that Herceptin was a poor example because "Multiple cost-effectiveness analyses have shown that, despite its high cost, Herceptin is both effective…
Citation
The five dumbest product bans, 2009 Source: Competitive Enterprise
Blog
Verizon, AT&T See the Regulation Writing On The Wall
AT&T and Verizon are indicating that there is a chance that they will not seek funds from the broadband stimulus portion…
Blog
Capitalist-David rally versus Goliath-protests for Socialism
During the G20 summit something like 40,000 plus protesters slated to descend upon London. Of that number, there is a small but growing and…
Op-Eds
Americorps Plan Will Waste Money on Ideological Causes
Despite exploding deficits, President Obama and congressional leaders are backing a $5.7 billion “national service” boondoggle. Obama’s proposed budgets, which break…
Blog
Organic Pesticides Fail EU Safety Review
Ask people who buy organic food what they like about it, and chances are, most will say "they're grown without pesticides." That's not actually true.
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