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: Waters of the United States and ASCII formatting
The country reflected on the 25th anniversary of the September 11, 2001 terrorist attacks. President Trump promised a $5,000 check to every American adult…
Blog
The week in regulations: Honey taxes and airline delays
August’s job numbers were better than expected. President Trump threatened to cut off trade to all nations that export more to America than they…
Washington Examiner
It took 410 days to build the Empire State Building. Today, the EPA wouldn’t even pass the blueprint
When Congress gets back from its August recess, bipartisan permitting reform talks are expected to continue. There’s no reason…
Search Posts
Wall Street Journal
Dow 24000 and the Trump Boom
Maria Bartiromo, writing for Wall Street Journal, cites 10,000 Commandments. I’m not in the habit of giving stock tips or making market calls. I’ve never…
Blog
Trump’s New Regulatory Reform Agenda – By the Numbers
Today the Trump administration released the Fall 2017 edition of the twice-yearly Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions, accompanied…
USA Today
No, the Internet Is Not About to Be Destroyed
The headlines regarding the Federal Communications Commission’s upcoming vote on “net neutrality” regulations suggest impending doom. “FCC Is Revving Up to Destroy the Internet…
Blog
President’s Fall Policy Update
We have measures and very clear guideposts to tell us if we are on the right path.
RealClear Policy
Why Government Grows Despite the Constitution
Nearly every administration since Reagan has pledged to reduce the size of the bureaucracy or increase government efficiency, but they have all missed the low…
Blog
Senate Bill’s Stealth FIFO Capital Gains Hike Hinders Tax Reform
It’s crunch time on tax reform! The House passed a bill just before Thanksgiving. Now it’s the Senate’s turn. A good tax reform bill would…
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