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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Education Department Changes Burden of Proof in Sexual Harassment Cases Under Title IX
The Education Department is trying to change the burden of proof that many colleges and universities use in disciplinary proceedings over sexual harassment, despite court…
Citation
Activists Sue USDA to Block Herbicide-Resistant Alfalfa
Boston Globe
Google Cleared for ITA Purchase
The Boston Globe discusses the Google antitrust lawsuit settlement with Wayne Crews. The settlement came under fire from Wayne Crews, vice president for…
Blog
Education Department “Dear Colleague” Letter Shreds Presumption of Innocence in Harassment Cases, Ignoring Supreme Court
To promote due process, some college disciplinary systems recognize a strong presumption of innocence, requiring clear-and-convincing evidence of guilt for discipline. That practice is now…
Boston Globe
Still Burning Witches at the FCC
It seems that things are never quite perfect enough these days for the Federal Communications Commission to elect to leave competitive communications markets alone. When…
Blog
My Response to Simon Johnson’s Defense of Price Controls Benefiting Big Retailers
Two weeks ago, I wrote a post blasting 17 Republican senators who voted last year for Dodd-Frank's Durbin Amendment, which puts below-cost price controls…
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