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.
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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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Tax Preparers Must Meet License Requirement
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Thinking outside the box on security
The Washington Post editorial, “In the wake of Flight 253, the TSA must get more anti-terrorist tools” makes a short-sighted argument for increasing resources for…
Blog
That Didn’t Take Long
Today is the fourth working day of the new year. The Federal Register has already exceeded 1,000 pages.
Blog
More Enron-like Behavior by Administration Officials Comes to Light
Earlier, the Washington Post reported on how the Obama administration pressured Freddie Mac not to disclose to investors and the SEC the $30…
Blog
Regulation of the Day 97: Full Body Scans and Child Protection Laws
Sometimes, when two regulations love each other much, they get together and have little baby regulations. This is happening right now in Britain.
Blog
Serial Rapists Roam Free in D.C. as the D.C. Government Shields Ex-Cons from Discrimination
The D.C. government sometimes has more empathy for criminals than for their victims. In December 2007, the D.C. Council voted to…
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