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”…
Search Posts
Blog
Regulation of the Day 176: Cooking a Burger
In North Carolina, it is illegal to cook a burger to an internal temperature under 155 degrees.
Blog
The Loony Left Era
The Economist has this to say about the NLRB’s pursuit of Boeing: The NLRB is an autonomous body, but its board members are appointed…
Blog
Alcohol Regulation Roundup: May 23, 2011
Alabama: Small vineyards in Alabama support a bill that would allow them to self-distribute up to 24,000 barrels a year, allowing them to compete…
Blog
Government Role in Causing Financial Crisis Much Bigger than Thought
Analysts who once downplayed the government's role in causing the financial crisis now have changed their tune, concluding that government regulations that promoted risky loans…
Blog
Trumka’s Empty Threat to Democrats
AFL-CIO President Richard Trumka is warning Democratic politicians today: Push our agenda, or we won’t support you in the 2012 election. It’s hard to imagine…
Blog
Regulation of the Day 175: Firing Dwarves
It would be nice to help out and give a job to someone who needs it, but for many employers, it’s just not worth the…
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