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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Publication
Fran Smith’s Briefing Sponsored by the Congressional Sugar Reform Caucus
Sugar program is sweet for farmers, bitter for consumers…
Blog
Icemakers: Mankind’s Doom
An article at Time explains "How the Ice in Your Drink is Imperiling the Planet," and what regulators are doing about it.
Op-Eds
The Midnight Ride of Standard & Poor’s
Three cheers for Standard & Poor’s (S&P). On Monday, the rating agency issued a critical warning that America’s debt burden is growing too great. By…
NCPA
Regulation Day
National Center for Policy Analysis discusses regulation costs with Iain Murray and references Wayne Crews's study. Every year we are reminded how much…
Blog
A Market Failure in Air Traffic Control?
Air traffic control is simply too important an issue to leave to the free market. It is time to put the government in charge of…
NCPA
The ‘hidden tax’: Report estimates regulation costs economy $1.75 trillion
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