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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The New Green Economy?
I’ve spent a while crunching the numbers relating to energy and environment spending in the stimulus bill. The bill will spend about $80 billion on…
Blog
Avoiding Political Erectile Dysfunction
According to the Congressional Budget Office, “Bailout to Nowhere” money for the proposed new infrastructure stimulus won’t be spent within the next two years–far too…
Blog
The Not So Good, the Bad, and the Really Ugly
Not all stimulus programs are created equal. If the goal of the latest economic bailout package that Congress is considering is as President Elect Obama…
Newsletter
Full Stop on New Regulations, Infrastructure Confusion and the Problem with ‘Priming the Pump ‘
President Obama orders a halt to implementation of all pending federal regulations. President Obama calls for increased spending on roads, bridges and electrical grids. President…
Blog
New Federal Regulation Hits a Full Stop
According to press reports, President Barack Obama has ordered a full stop to all pending federal regulations. Funny, I didn’t hear anything about that…
Blog
Milton Friedman counters Kennedy inaugural–and Obama’s
Before President Barack Obama gave his inaugural address, it had been reported that he was heavily studying John F. Kennedy’s speech at…
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