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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Newsletter
Fewer New Laws, Disability Regulations and Bottled Water Bans
The current Congress has passed the fewest number of new laws in twenty years. The U.S. Justice Department finds that more than 100,000 apartments in…
Newsletter
Day Laborers in LA, Nuclear Power and Corporate Finance
Los Angeles lawmakers require home improvement stores to construct shelters for day laborers who wait for work in their parking lots. Electricity provider Constellation Energy…
Study
Airline Deregulation
If the government deregulates the grid and transitions toward a market solution, the benefits of flow deregulation will increase, and costs for air travelers will…
Op-Eds
Sarbanes-Oxley Challenge Is Rooted in Law’s Flaw
Re: Jane Bryant Quinn’s column, “Accounting Cleanup Board Is Facing a Gutting’’ (July 16): In her attack on our constitutional challenge to the Sarbanes-Oxley Act…
Newsletter
Global Warming Allergies, Change at the SEC and Accounting for the Cost of Government
Global warming gets blamed for an increase in allergies. Paul Atkins steps down as Commissioner of the U.S. Securities and Exchange Commission. Taxpayer advocates observe…
Op-Eds
A ‘Hidden Tax’ Of Rules Hits Economy
Regulatory compliance now costs of $1.16 trillion, higher than Canada's entire 2004 GDP—that's a knock-out blow to the economy…
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