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 rules Congress never gets to see
The 1996 Congressional Review Act (CRA) has been used to overturn only a few dozen federal regulatory directives since its enactment, most during the…
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…
Search Posts
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How Policy Makers Should Approach Google’s Driverless Shuttles
Yesterday, Chris Urmson, director of Google’s Self-Driving Car Project, wrote a post for the company blog describing Google’s newest prototype: fully automated vehicles that…
Citation
Which Study Has The Right Conclusion On Obama Climate Rule?
The Competitive Enterprise Institute, which has long studied the effects of government rules, estimates that “government compliance and intervention” cost the economy $1.8 trillion…
Washington Post
The Obama Economy Offers Bad News For Millennials
Ronald Reagan lightened the weight of government as measured by taxation and regulation. Obama has done the opposite. According to the annual "snapshot of…
Blog
Red Tapeworm 2014: U.S. Regulation Compared to the World’s Largest Economies
This is Part 7 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual…
Blog
Dodd-Frank’s Durbin Amendment Drives Up Costs on Memorial Day and Every Day
Over the Memorial Day weekend, the Big Retail lobby created a dubious driving distraction. The Merchants Payments Coalition, whose members include retail giants like Walmart and…
Blog
Senate Leaders Kill Patent Reform, Once again Thwarting Democracy to Protect Special Interests
Hundreds of moderate and conservative bills have passed the House of Representatives, often overwhelmingly, only to die in the Senate without even being voted…
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