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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Business Insider
$38 Billion-Worth Of Red Tape Choking Businesses
Business Insider mentions Wayne Crews's study on the size of the federal regulatory burden. U.S. businesses continue to deal with the unintended consequences…
Blog
Lemonade Freedom Day Is Tomorrow
Tomorrow, parents and children across the country will set up lemonade stands in their neighborhoods. And they’re going to do it without getting licensed, inspected,…
Blog
Regulation Roundup
In Delaware, it is a felony to wear a disguise while committing a felony, plus more.
Business Insider
Forget Corporate Jets. Government Limousines Show They’re Stealing You Blind
President Obama has made a big deal out of corporate jets. Apparently they are a symbol not of success but of greed. Yet even…
Wall Street Pit
Is Business Choking on Red Tape?
The Wall Street Pit discusses Wayne Crews's report on the size of the federal regualtory burden. U.S. businesses continue to deal with the…
Blog
“Rules are Rules,” When it Comes to Yard Sales
The City of Salem, Oregon, is cracking down on yard sales — even if they are a citizen’s last option to pay for expensive…
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