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
Obama’s Bankruptcy Math Has to be Wrong
President Obama claimed in his speech tonight: “For that same reason, we must also address the crushing cost of health care. “This is a cost…
Blog
Zero-Based Governing and Improving the State of the Union
Removing burdensome regulations on small business hasn’t figured much into the economic recovery program thus far. Too bad. Alternatives to “spendulus” and the “Bailout to…
Blog
SOTU Watch: Card Check
In President Obama’s State of the Union speech tonight, one thing to watch for is mention of the so-called Employee Free Choice Act (EFCA) —…
Blog
More Behavorial Advertising Adventures
Back in January I wrote about several advertising industry trade associations coming together to impose self-regulation in an attempt to deter…
Blog
Coming Soon: A Predatory, Anti-Business Federal Trade Commission?
Even an economy in shambles shall not sway the elevation to Federal Trade Commission chairmanship of Jon Leibowitz, an interventionist-minded commissioner who, like all…
Blog
A Gamer Win For Parenting
If you’ve followed my posts here at OpenMarket.org or at my personal site, you’re well aware of the fact that I…
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