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…
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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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Sunblock: Still Can’t Protect You from the FDA
The FDA is rolling out new labeling rules for sunscreen. First, sunscreens that don’t offer “enough” UVA protection (which has been shown to prevent…
Blog
Standardized Test Scores Continue to Disappoint
Children would be far better served if government were to take a leading role in K-12 education… oh, wait.
Blog
Shovel-Ready Was Never Shovel-Ready
President Obama has belatedly realized that the “shovel-ready projects” he touted so much in his stimulus bill two years ago were anything but: “Shovel-ready…
Knowledge Problem
Distortionary Effects of Three-Tier Liquor Regulation, Wisconsin Edition
Blog
Voodoo Economics Behind Government Demand for Mortgage Write-Downs by Big Banks
In 2010, Obama administration allies proposed a trillion-dollar bailout for those lucky mortgage borrowers whose loans were owned by the government-backed mortgage giants Fannie…
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American Sociological Review Finds that Right-to-Work States are Better for Business
The June publication of the American Sociological Review contained research on right-to-work states. The research in “Laws of Attraction: Regulatory Arbitrage in the Face of…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
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Ryan Young
Senior Economist
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Senior Fellow
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