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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“Heads I win, Tails the Taxpayers Lose”: Toxic Asset Rip-Off
That’s how analysts describe the trillion-dollar toxic-asset buy-up program proposed this weekend by the Obama Administration: “the president is putting forth his idea to…
Blog
Fishing for Rationality in the Beauty Salon
Thinking of getting one of those cool new “fish pedicures”? Well, you’d better act fast. 14 states have already banned the process. But a member…
Newsletter
Obama’s Debt, Wall Street Bonuses and the Economy vs. the Environment
A new congressional report estimates that President Obama’s spending proposals will produce over $9 trillion in debt. Debate continues over the plan to tax some…
Citation
The Breaking up of Money-Pit Behemoths if Necessary
Blog
Postmodern Union-on-Union Fight
The Service Employees International Union (SEIU) is being denounced by a group of its own employees for doing, well, nothing wrong or illegal, but something…
News Release
Congress Considers New Mandates on Consumers, Appliances
Congress Considers New Mandates on Consumers, Appliances In Midst of Recession, Senate Seeks Costly New Product Restrictions Washington, D.C.,…
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