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
The rules Congress never gets to see
The 1996 Congressional Review Act (CRA) has been used to overturn only a few dozen federal regulatory directives since its enactment, most during the…
Blog
The week in regulations: Waters of the United States and ASCII formatting
The country reflected on the 25th anniversary of the September 11, 2001 terrorist attacks. President Trump promised a $5,000 check to every American adult…
Blog
The week in regulations: Honey taxes and airline delays
August’s job numbers were better than expected. President Trump threatened to cut off trade to all nations that export more to America than they…
Search Posts
News Release
‘Deadly Overcaution’ Biggest Danger to Public Health, Despite New Study on FDA
Contact:<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Jody Clarke, 202.331.2252 Washington, D.C.,…
Op-Eds
Ex-Im: Boeing’s Bank Once More
The Export-Import Bank (Ex-Im), a federal agency that subsidizes U.S. exports primarily through loan guarantees, dedicated a majority of its guarantee dollars again…
Op-Eds
Sunset the FCC
Reforming telecommunications law is a favored subject in the halls of Congress this year. Hot issues include streamlining video franchising and addressing the "net…
Study
Antitrust Skeptic’s Bibliography
For more than two decades, the willingness of policy makers to rethink the presumption that economic regulation automatically benefits consumers has driven the deregulation of…
Study
Tom Smith and His Incredible Bread Machine
In the 108 years since the passage of the Sherman Act, there has probably never been a clearer and more concise statement of the…
Op-Eds
New fuel standards unnecessary
Once again, the government has issued what it claims is a “win-win” fuel economy mandate— yes, it will raise the prices of new SUVs and…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist and Director of Publications
- 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