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
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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 DOJ’s Antitrust Seers
The philosopher Yogi Berra once said that “It’s tough to make predictions, especially about the future.” Let’s apply his lesson to the proposed $39 billion…
Blog
Regulation of the Day 196: Babysitting
This bill will result in a lot of unhappy nights at home for frustrated parents – and a lot less income for sitters who have…
Blog
NLRB’s Pro-Big Labor Ruling Trifecta is Bad News for the Economy
Earlier this year, President Obama proudly touted his executive order calling for federal agencies to review regulations on their books and identify obsolete rules for…
Blog
Despite D.C. Legalization of Online Poker, Players Leave USA
It is perhaps a little ironic that the most vocal opponents of online poker will soon be the only people in the USA who can…
Blog
Many New Job-Killing Regulations from the Obama Administration
Andrew Stiles describes "Ten Job-Destroying Regulations" from the Obama administration that will wipe out hundreds of thousands of jobs. Another job-killing regulation is the…
Blog
Welch vs. Lee: What About Freight?
Libertarian urbanist -- call him a "market urbanist" -- Timothy B. Lee recently had an article at Forbes.com in which he criticized Matt Welch…
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