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: Homework gaps and cannabimimetic agents
At Davos, President Trump withdrew his threats to invade Greenland and tariff European countries. The Supreme Court appeared skeptical about his attempt to fire Lisa…
Blog
Free the Economy podcast: Permitting for speed with Grant Dever
In this week’s episode we talk about making a living in podcasting, confronting our mounting national debt, and assessing President Trump’s new…
Blog
The executive order explosion: When counting counts
What stands out in the Trump administration is the unnerving tension between executive orders (EOs) that shrink government and those that expand it. EOs date…
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Op-Eds
Market Distortion (Letter to the Editor)
Michelle Singletary’s premise that subsidies are market-distorting is indeed correct (“The Color of Money,” MoneyWise, May 2). The Higher Education Act prescribing these guarantees is…
Op-Eds
Does the European Union Believe in Ghosts?: An Unwarranted Fear of Tax Competition
A spectre is haunting Europe: the spectre of tax competition. The cause for this fear is the upcoming entry of 10 new members into the…
Op-Eds
“I Love Humanity; It’s People I Can’t Stand”
This is part 2 of a two-part series. To read part 1, please click here.<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” />…
Op-Eds
The Broadcast Indecency Playground
Sticks and stones may break my bones but words will never hurt me—we’ve all heard that phrase before. It’s often said by children who are…
News Release
Broadcast Update on Issues in the News
Contact for Interviews: <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Richard Morrison, 202.331.2273 …
Op-Eds
Refining the Battle Against High Gas Prices
Everyone knows that <?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />America imports more than half of the oil it uses, but few are…
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