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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Boston.com
Pick Your Handset or a Network, Not Both
Blog
Antitrust Policy and Telecoms
It’s hard to make a case that a company is abusing market power if it doesn’t really have any. And Verizon and AT&T are not…
Blog
Stepping Up the Class War
On both of the most salient issues of the day, health care reform and climate change, proponents of the corresponding legislation are setting their sights…
Newsletter
Cap and Trade, Tea Parties and Luggage Limitations
The Senate prepares to consider the “cap and trade” global warming legislation recently passed by the House of Representatives. Citizens around the country gather at…
Blog
Regulation of the Day: The Size of Your Carry-On Bags
The Securing Cabin Baggage Act wouldn't add to security, wouldn't make flying more convenient, and may well be the result of rent-seeking.
American Spectator
Unnecessary Baggage
Rep. Dan Lipinski (D-Ill.) thinks that your carry-on bags are a threat to national security. To address this grave threat, he has introduced the Securing…
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