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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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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Weekend Reading: The True Story of Cosmetics
Washington Times
Wholesale Deception
Beer wholesalers contend that alcohol legislation they are pushing on Capitol Hill would safeguard state and local rights – but in reality, it is…
Washington Times
RedBlueAmerica: Is ‘Regularity Uncertainly’ Holding Back U.S. Economy?
Blog
Truck Drivers Don’t Need a Revised Hours-of-Service Rule
The Federal Motor Carrier Safety Administration (FMCSA) is poised to enact a revised hours-of-service (HOS) rule that would greatly impact commercial motor vehicle operators.
Blog
The Unemployment Discrimination Myth
The defunct American Jobs Act, which Hans skewered so well a while back, contains a provision to end “discrimination against the unemployed.” Apparently, there…
Blog
SEC Jumps into Cybersecurity Debate
Much of the cybersecurity focus this year has been on Congress’s efforts to mandate data breach notifications and security standards. Now the Securities and…
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