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
Improve Americans’ Physical and Fiscal Health: Cut Out the FDA
President Obama made a big show about cutting “red tape” government regulations that kill jobs and hurt the economy. In addition, members of the…
Blog
More Proof That Unions Don’t Improve Schools
Schools in right-to-work states (where unions are weak) are getting better and better over time compared to schools in heavily-unionized states. As Walter Russell Mead…
Citation
Upton: House Will Vote to Bring Back the Bulb
Daily Caller
Regulators Should Regulate Economy, Not Intervene In It
Just as surely as summer is followed by autumn, it seems that these days every proposed corporate merger is followed by antitrust complaints —…
New American
Regulating Jobs to Death
The New American discusses Wayne Crews's study on the size of the federal regulatory burden. A much more somber rendering of the regulatory…
Blog
“Uncertainty” Not the Whole Story of our Economic Doldrums
As those engaged in the policy battlefield, our focus is often on taking apart arguments used to advanced proposed solutions we disagree with. But sometimes…
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