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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Newsletter
Union Scandal in California, Alternative Energy Promises and Short-Selling on Wall Street
The Service Employees International Union (SEIU) finalizes a controversial merger of its California locals into one state-wide “superlocal”. President-Elect Obama promises to double the nation’s…
CNS News
Economists Say Bush ‘Chucked’ Free Market Principles Long Before Financial Crisis
CNS News discusses President George W. Bush's move away from free market principles. However, Wayne Crews of the Competitive Enterprise Institute told CNSNews.com that…
Cafe Hayek
Tranquilizing the Stimulators
Blog
Ecuador’s Mining Law and the 70% WFT
Ecuador, the only Latin American country that lacks large-scale mining operations, is passing a new mining law that will lift a six-month ban on mining…
Blog
The Bureaucratic Mind at Work
In an increasingly rare example of investigative journalism, the UK Times finds a ‘ghost bus’ designed to spare ministers’ blushe. The bus, which is…
Blog
Short-seller praised by Mass. Democrat at Madoff hearing
In the House Financial Services Committee hearing Monday on Bernard Madoff’s $50 billion alleged Ponzi scheme, some good points were raised by Congress members…
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