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
Regulation of the Day 31: Fraud in Wholesale Oil Markets
If you’re a wholesaler of crude oil or gasoline, a new FTC rule makes it illegal to engage in any business practice that“operates or would…
Blog
Fact Checkers: Obama Is Lying About Health Care
USA Today caught Obama telling three fibs about health care, such as falsely claiming that “under the reform we’re proposing, if you like your…
Blog
More alternatives to Obamacare
Lots of commonsense suggestions to rein in health care costs that won’t bankrupt the country in John Mackey’s op-ed in the Wall…
Blog
Neutering the Net
The Washington Examiner has published my op-ed on net neutrality: A war is waging over the future of the Internet. On one…
Blog
Regulation of the Day 30: Labeling Mustard
If your company makes mustard bottles that are reusable as beer mugs, you are specifically required to put a country-of-origin label on your product.
Blog
The Truth About Town Hall Meetings
Yesterday, the Obama administration distanced itself from some of the more outrageous comments made by congressional Democrats, including one made by House Speaker Nancy Pelosi…
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