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
Broadband Stimulus Plan: Spend First, Ask Questions Later
There has been some noise in technology circles the last week over the FCC comment period or Notice of Inquiry (NOI) in regards to the…
Blog
Don’t Change Interchange
Overstock.com President Jonathan E. Johnson recently penned an op-ed that appeared in The Washington Times last week in which he argued for government regulation…
Op-Eds
Deregulate to Stimulate
Few Americans are aware of the massive scope of the federal regulatory enterprise. It is hardly common knowledge that 4,004 rules from nearly 70…
Blog
Federal Budget Deficit Skyrockets; $163,000 More in Taxes
“The budget deficit increased by $192.3 billion in March, and is near $1 trillion just halfway through the budget year.” It’s going to…
Blog
Jack Dreyfus, FDA Reform Pioneer
My colleague John Berlau wrote a nice obituary of mutual fund pioneer Jack Dreyfus that was published in Investor’s Business Daily earlier this week.
Newsletter
Banning Bottled Water, Remembering Jack Dreyfus and Greenhouse Gas Legislation
Activists campaign for college campuses to ban sales of bottled water. Legendary investor Jack Dreyfus passes away at age 95. Reps. Henry Waxman (D-CA) and…
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