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
The rules Congress never gets to see
The 1996 Congressional Review Act (CRA) has been used to overturn only a few dozen federal regulatory directives since its enactment, most during the…
Blog
The week in regulations: Waters of the United States and ASCII formatting
The country reflected on the 25th anniversary of the September 11, 2001 terrorist attacks. President Trump promised a $5,000 check to every American adult…
Blog
The week in regulations: Honey taxes and airline delays
August’s job numbers were better than expected. President Trump threatened to cut off trade to all nations that export more to America than they…
Search Posts
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The week in ridiculous regulations: otter casualties and moving the goalpost
Fox News settled its defamation case over its false reporting on the 2020 election with voting machine maker Dominion. The Consumer Financial Protection…
Forbes
Congress Must Mobilize To Halt Biden’s Radical Administrative State Transformation
[T]he genius of the Progressives in the late 19th century was to preempt or push large sectors of the emerging future (the…
Blog
Congress shouldn’t party like it’s 2019 on national debt
Now comes the GOP’s turn to do its own version of a “lockdown.” Republicans should heed the advice of a member of the other party,…
News Release
House Republicans Helpfully Tie Government Reforms to Debit Limit Deal
House Republican leadership yesterday released the text of their debt limit deal which trades a suspension or increase in the debt limit for a…
National Review
No, Lockdown States Did Not Do Better
Many politicians, public-health figures, and media pundits continue to insist that the Covid lockdowns were a success and represent a blueprint for future pandemic responses.
Blog
Biden Executive Order Harms Transparency
The Biden administration recently issued an Executive Order making major changes to the regulatory system, although almost nobody noticed thanks to culture war…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist and Director of Publications
- 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