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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Toyota’s “questionable, evasive, and deceptive legal tactics”
“Toyota has routinely engaged in questionable, evasive and deceptive legal tactics when sued, frequently claiming it does not have information it is required to turn…
Newsletter
Pub Restrictions, Tax Freedom Day and Turmoil in Kyrgyzstan
UK regulators are punishing pub owners for promoting happy hour specials and drinking games. April 9th is Tax Freedom Day, statistically the day Americans have…
Blog
Friday Regulation Roundup
It is illegal in Kentucky for anyone under 18 to play pool without photo ID and written parental consent.
Blog
Tax Freedom Day
Today, April 9, is Tax Freedom Day. According to the Tax Foundation, that's how long you have to work just to pay off your taxes.
Op-Eds
Fannie, Freddie Finally the Focus of Crisis Commission
The congressionally chartered Financial Crisis Inquiry Commission, after several months, finally is visiting the role of the government-sponsored enterprises Fannie Mae and Freddie Mac…
Blog
Regulation of the Day 133: Feeding Ducks
A new ordinance in San Luis Obispo, California makes it illegal to feed ducks.
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