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”…
Search Posts
Journal of American Physicians and Surgeons
Drug Approvals and Deadly Delays
Full Document Available in PDF Truth can be stranger…
Blog
Obamacare to Wipe Out 800,000 Jobs Through Work Disincentives
Obamacare is going to wipe out 800,000 jobs through its disincentives to work. That contrasts sharply with false claims by House Speaker Nancy…
Blog
The Stealthy Public Pension Time Bomb
As state and local government budgets have come under increasing stress, greater public attention has come to focus on government employees’ compensation. This greater scrutiny…
Blog
Morning Media Summary
Tech: Privacy Commissioner slams data retention: “The Australian Privacy Commissioner Timothy Pilgrim has slammed the Federal Government’s proposed data retention law and called…
Blog
Washington Subway Terrorist Bomb Plot Leads to Arrest
Federal authorities arrested Farooque Ahmed for plotting to bomb the Washington Metro subway system. Ahmed, who immigrated from Pakistan, “conspired with people he thought…
Blog
Marlo Lewis on Hyundai’s Zero Emission Advertisment
Hyundai’s newest advertisement features their attempts at producing a “green” commercial. One of Hyundai’s slogans is “Prepare to want one,” yet as Marlo Lewis notes…
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