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
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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…
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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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Morning Media Summary
Tech: People have “right to be forgotten” online, says EU: “The European Commission wants to strengthen data protection rules to give more power…
Las Vegas Review Journal
Reining in the regulatory state
The Las Vegas Review-Journal discusses Wayne Crews's research on the size of the federal regulatory state. Congress passed and the president signed into law…
Blog
Regulation of the Day 156: Happy Meals
With an 8-3 vote, San Francisco's Board of Supervisors banned the greatest menace facing it or any other city: happy meals.
Blog
Will the NLRB Push Big Labor’s Agenda?
Organized labor expended enormous amounts of resources and effort to give Democrats control of Congress in 2006 and the White House in 2008. For this…
Study
The 2010 Union Pension Bailout Bills
Get ready to give some of your hard-earned cash – again – to the cronies of Congress who are pushing for yet another bailout. Two…
Blog
Feminist Porn Director Supports Freedom of Individual Choice
Porn actress, director, and self-described “kinky feminist,” Madison Young, spoke out in an interview with Salon.com about her feelings in the condom debate that…
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