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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ObamaCare Deeply Unpopular: Democratic Congressman Who Voted for Health Care Bill Loses Primary Election
ObamaCare is so unpopular in West Virginia that veteran Democratic Congressman Alan Mollohan lost reelection in yesterday’s Democratic primary to a state senator who…
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The Enviro-Left Machine in Action
Fenton Communications has a long history of work within the left-wing advocacy apparatus. I’m delighted to see a great addition to the blogosphere, the…
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The Toyota Hobgoblin, my piece in today’s Philly Inquirer
‘The whole aim of practical politics,” wrote H.L. Mencken, “is to keep the populace alarmed (and hence clamorous to be led to safety) by menacing…
Newsletter
Cap and Trade, FCC’s “Future of Media” Project and Another Fannie Mae Bailout
Sen. Lindsey Graham withdraws his support for climate legislation co-sponsored by Sens. John Kerry and Joe Lieberman. The Federal Communications Commission is launching a “Future…
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Mortgage Giant Seeks Another $8.4 Billion in Bailouts, After Obama Lifts $400 Billion Limit on Bailouts for Government-Sponsored Enterprises
Mortgage giant Fannie Mae is seeking another $8.4 billion in federal bailout money, after the Obama administration earlier lifted a $400 billion limit…
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Friday Regulation Roundup
In Yukon, Oklahoma, it is illegal for a patient to pull a dentist's tooth, plus more.
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