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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Ten Thousand Commandments 2011
President Barack Obama’s new federal budget proposal for fiscal year (FY) 2012 seeks $3.729 trillion in discretionary, entitlement, and interest spending. In the previous fiscal…
Blog
Senator Jim Webb Flunks Legislation 101: Says Congress Can’t Change the Law
Congress can always change the law if it chooses. For example, it passed the 1991 Civil Rights Act, which overturned many Supreme Court decisions interpreting…
Blog
Dulles Rail Union Giveaway to Increase Costs
An expensive rail line for passengers traveling in and out of the Washington, D.C. region's Dulles International Airport never struck me as a good use…
Op-Eds
Obama’s Budget Could Triple Tax Rates
In his deficit reduction “vision” speech on Wednesday, President Obama tried to distinguish his plan from that of House Budget Committee Chairman Paul Ryan by…
Blog
Education Department Undermines Due Process and Accuracy in Campus Sexual Harassment Cases
On April 4, the Education Department's Office for Civil Rights (OCR) sent the nation’s school officials a letter urging them to water down…
Blog
Los Angeles (City) Won’t Refuse Permits for Condomless Porn
After years of fighting and failed attempts to force Los Angeles County to require condom-usage on adult film sets, AIDS activists were finally successfully…
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