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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Regulation of the Day 135: Mustache Nets
Just like church and state, hair and food are best kept separate. Which brings us to the latest fad in Brooklyn’s trendy Cobble Hill neighborhood:…
Blog
Goldman Sachs Endorses Trojan-Horse Financial “Reform” Bill; Bill Has Payoffs for Special Interests
The CEO of Goldman Sachs, the Wall Street firm accused of fraud by the SEC, has endorsed…
Blog
FDA Salt Statement Leaves a “Mistaken Impression”
Some 80 years ago this month, Mahatma Gandhi led tens of thousands on a 240-mile march in protest against a British salt tax, inciting millions…
News Release
‘Grave Concerns’ Persist on Stalled Senate Financial Reg Bill
Washington, D.C., April 28, 2010—For the third time in three days, Senate Republicans joined by Ben Nelson (D-Neb.) have defeated an effort to ram…
Op-Eds
ObamaCare vastly expands IRS red tape
“Billions of more documents” will be have to be filled out by small businesses for the IRS so that a “spendthrift Congress can shake…
Blog
ObamaCare Vastly Expands IRS Red Tape and Power, Raises Medical and Insurance Costs, Taxes, and Deficits, and Harms Very Sick People
“Billions of more documents” will be have to be filled out by small businesses for the IRS so that a “spendthrift Congress can shake…
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