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
Newsletter
Chrysler’s Bankruptcy, Small Businesses Fight Back and New York’s War on Bottled Water
Financial analysts size up what Chrysler’s entrance into Chapter 11 bankruptcy means for customers and employees. Small business owners band together to oppose new union…
Newsletter
The War on Cockroaches, Consumer Credit Shrinks and the Future of Internet Gambling
New York State officials move to limit sale of anti-insect “bug bombs” to consumers. Economists chart a record drop in consumer credit. Rep. Barney Frank…
Blog
Another Postage Hike on Monday
Postage rates will go up on Monday. Thanks to the forever stamp, most of us won’t have to bother with those infernal 2-cent stamps this…
Blog
Cockroaches Win
If New York regulators get their way, the only other option will be for people to hire an exterminator. So basically, if your income is…
Newsletter
Cap and Trade Compromise, the Return of Bed Bugs and Jack Kemp, RIP
The White House floats the idea of allowing new oil and gas drilling in exchange for support of a cap and trade system for greenhouse…
Blog
Obama’s pending cybersecurity overhaul should heed the “Cybersecurity Commandment”…
Not many details have appeared, but the Atlantic reports on a speech given by the administration’s Melissa Hathaway in McLean, VA: In her speech,…
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