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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Blog
High-Speed Fail: Even Left-Leaning Washington Post Criticizes Obama Administration Rail Boondoggles in California and Elsewhere
Even the left-leaning Washington Post, which has not endorsed a Republican for President since 1952, is getting fed up with the Obama administration's desire to…
Blog
My Job Creation Proposal
Over at The American Spectator, I break down the debate over regulation's impact on the job market and propose one regulation that could create countless…
Letters
Coalition Letter Opposing $730,000 Conforming Loan Limits: Fannie-Freddie Subsidies for McMansions
The Competitive Enterprise Institute has signed a coalition letter with other individuals and public policy organizations opposing the expansion of government-backed mortgages for wealthy home-buyers.
Study
Green Chemistry’s March of the Ostriches
Popular myths about man-made chemicals cause lawmakers to bury their heads in the sand and support restrictive regulations that do not realistically address risks to…
Op-Eds
Letter to the Editor: Government Meddling Won’t Create Jobs
A recent op-ed in The Hill by Sen. Tom Harkin (D-Iowa) (“Attacks on workers’ rights won’t create jobs,” Nov. 15) highlights the need to…
Blog
What’s in My Makeup Bag? — Junkscience
The Oregon Environmental Council and the regional government for the Portland, Oregon, metropolitan area recently released a survey of young women regarding their personal…
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