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”…
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Congress Destroys Free Checking Accounts by Blocking Overdraft Fees for the Irresponsible
Banks can afford to offer free checking accounts with no minimum balance, to responsible people, only because they can charge overdraft fees to irresponsible people. …
Blog
Mordor Looks For More Wealth For Its Orcs
John Gapper has a very good column in the Financial Times today. He issues a timely warning that governments are on the prowl, looking…
Letters
No Place for Corporate Welfare in Financial Regulation
Full Document Available in PDF As leaders of groups representing millions of Americans that comprise a Center-Right Coalition, we oppose price controls in…
Blog
Obama Uses Oil Spill to Push Failed Energy Policies
In his speech last night, President Obama used the massive oil spill in the Gulf of Mexico to push his failed energy policies, such…
Blog
Cell Phone Cancer Scare Refuses to Die
Some people are scared that cell phones cause brain tumors. There are enough of these bedwetters that San Francisco just passed a new law requiring…
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Financial “Reform” Bill Engages in Racial Engineering, While Ignoring Corrupt Mortgage Giants
Congress and the Obama administration refused to do anything about the corrupt government-sponsored mortgage giants, Fannie Mae and Freddie Mac, even though administration…
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