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.
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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…
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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…
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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…
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Red Tapeworm 2014: Regulations Cost More than Federal Income Taxes
This is Part 5 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual…
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Insurance Premiums Rising More Due to Obamacare
There are "rate hikes for all" coming due to Obamacare, predicts The Daily Caller, citing state insurance filings: Virginians will see upped health insurance premiums…
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Johnson-Crapo Is Fannie and Freddie on Steroids
Today, after delays and much opposition from many quarters on different grounds, the Johnson-Crapo housing finance overhaul is set to be voted on by the…
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Red Tapeworm 2014: Regulations Catching Up to Government Spending?
This is Part 4 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual…
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Red Tapeworm 2014: Reckoning the Dollar Cost of Federal Regulation
This is Part 3 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual…
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Massachusetts Seeks Millions More from Taxpayers as Its Obamacare Exchange Fails
Massachusetts' Obamacare exchange has failed, even though Massachusetts adopted an individual health-insurance mandate in 2006, and thus had a built-in advantage over other states in handling Obamacare's requirements.
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