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
Alcohol Regulation Roundup: February 9, 2011
Connecticut: Two days after Super Bowl Sunday, Connecticut lawmakers held a hearing on one of the most contentious issues this session:…
Blog
Regulation without Representation
Congress never actually votes on most regulations. As Wayne Crews and I explain in today's Investor's Business Daily, this is regulation without representation.
Blog
Morning Media Summary
Tech: 1Gbps Wi-Fi Soon Coming To a Billion Devices: “Not only is 1Gbps heading for your Wi-Fi network by next year, it will…
Citation
Freddie, Fannie May Be Finished, But What Comes Next?
Blog
Common Sense: Making Union Officials Help Union Members
Recently, there have been numerous protests about Republican legislation that it is supposedly anti-union and limiting the rights of workers. I don’t buy it. Let…
Blog
Regulation of the Day 164: Panhandling
If Montgomery County Executive Ike Leggett gets his way, panhandlers will need a government permit to ask people for money if they’re near a road.
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