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
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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…
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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”…
Search Posts
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Morning Media Summary
Tech: Google To Punish No-Good Sites With Revised Search Ranking: “Google’s method of ranking of search results took a hit last week in…
The Cleveland Plain Dealer
Do You Really Want the IRS to Do Your Taxes?
Appeared In: The Centre Daily, The Cleveland Plain Dealer, Smart Pros, The Sun News, The New Hampshire Union Leader,…
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$7 Billion or More in New Taxes for Virginians Under EPA Mandate
The EPA told Virginia earlier that it would impose costly measures on Virginia Counties, measures so costly that they would result in record property…
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EPA at 40 — Doing an End-Run Around the Legislative Process
The Environmental Protection Agency is 40 years old. It came into being under a Republican president, Richard M. Nixon, and opened its offices on…
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Do You Want the IRS Doing Your Taxes?
The income tax is a pain in the neck. The obvious solution is the simplify the 70,000-page tax code. But some are proposing to have…
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Morning Media Summary
Tech: FCC chairman to propose plan for net neutrality: “The chairman of the Federal Communications Commission plans to announce Wednesday…
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