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
Regulatory Reform in the 118th Congress: Separation of Powers Restoration Act
The separation of powers is a key aspect of American government. To decentralize power and ensure checks and balances, the Founders divided the federal government…
City Journal
Roll It Back
Medicaid, the federal-state entitlement for the poor, now provides health insurance to more than one in four Americans. Enrollments surged after the Affordable Care Act…
Blog
This Week in Ridiculous Regulations
An Executive Order from the Biden administration made some of the biggest system-level regulatory changes in years. It raises the threshold for “economically significant”…
Search Posts
Blog
Supreme Court Grants Review in Case Challenging Obamacare as Unconstitutional
The Supreme Court today granted certiorari in the Obamacare cases brought by 26 states and the National Federation of Independent Business. The court allotted 5…
Blog
Alcohol Regulation Roundup: Beer for Our Soldiers Edition
Not to overshadow the once-in-100-year numerically sequenced date, but today is also Veterans' Day. This isn't a great way to get free drinks at the bar…
Blog
2011 Federal Register Tops 70,000 Pages
The next time someone complains about America's unregulated cowboy capitalism, you should ask them where such a thing might actually be found.
Blog
A Backdoor Tax on the Poor
For some time now, the IRS has been flirting with what's called a return-free system. It's being touted as a time-saver. But it would also…
Blog
Smokers’ Opportunity to Quit Smoking Opposed by Blinkered Anti-Tobacco Zealots
As The New York Times' John Tierney notes, a tool to quit smoking and save lives is being blocked by anti-tobacco zealots: If you…
Blog
Liquor Privatization Would Edge Washington State Toward Freedom
Today voters in Washington State will finally have their say in whether or not to get the state out of the business of selling liquor.
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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