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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Op-Eds
Delaying Foreclosures Only Adds to Pain
Federal housing promotion policies over-stimulated the supply and demand for housing and that destabilization continues. Efforts to make home ownership a “human right” are partly…
Blog
Restricting What People Eat, Based on the Ignorance of Food Snobs
There are increasing calls for the government to restrict salty food and fast-food restaurants, and tax fast food, to curb obesity. This is especially true…
Blog
Obamacare Results in 47 Percent Premium Hike
Obamacare has just led to a 47 percent increase in some health insurance premium rates in Connecticut: The state’s largest insurer has been approved to…
Blog
Regulation of the Day 153: Pentagon Cybersecurity
The military’s cybersecurity experts are governed by 193 documents. They are all conveniently listed in a chart. It is two feet long.
Blog
Judge Rejects Obama Administration’s Motion to Dismiss Challenge to Obamacare
A judge in Florida has rejected the Obama administration’s motion to dismiss challenges to Obamacare brought by 20 state attorneys general and the…
Blog
Morning Media Summary
Tech: Putting the squeeze on the broadband copper robbers: “When we think of tech crime, we tend to imagine hackers cooking up exploits…
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