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”…
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DC Velocity
STB Decision Delaying Action on Rail Switching Leaves Shipper Group Hot Under Collar
Blog
Surface Transportation Board Rejects Misguided Push to Re-Regulate the Railroad Industry… For Now
Late last week, the Surface Transportation Board (STB) refused [PDF] to initiate a rulemaking (Ex Parte 711) proceeding that was petitioned by the shippers'…
Blog
Department of Labor Sells Out Union Members for Big Labor 1%
The Department of Labor (DOL) doesn’t need to loosen financial disclosure for union bosses to take advantage of union members’ dues. Yet, this is exactly…
DC Velocity
Michigan’s Keg Tracking Won’t Stop Underage Drinking
Few people will argue against preventing underage drinking. Michigan’s new keg registration law, however, an attempt to trace the buyers of kegs that end up…
Washington Post
A Stake in Financial Markets
Capital standards are critical to the stability of any financial system. However, whether such standards are better achieved by markets rather than political entities…
Blog
Regulation Roundup
If you're in Helena, Montana, never tie a horse to a fire hydrant. It's against the law. Plus more.
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