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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Blog
Obama Slaps Unconstitutional Gag Order on Critic of His Health Care Plan
While Obama ally ACORN attempts to gag whistleblowers who exposed its role in a recent scandal, the Obama administration is trying to gag…
Blog
Obama Losing Youth on Health Care
The National Journal had an interesting article this week describing the difficulty Democrats have been having getting young adults interested in the health care debate.
Blog
ACORN Sues Whistleblowers for Exposing Its Wrongdoing in Scandal
ACORN is now suing the whistleblowers who allegedly filmed it promoting illegal sexual activities for $2 million! And not just them, but…
Blog
DC Councilman Graham’s Chief of Staff Indicted on Bribery Charges Related to Taxi Legislation
Graham's chief of staff, Ted Loza, has been indicted on bribery charges relating to the taxicab legislation.
Newsletter
Net Neutrality, Insurance Reform and Another ACORN Scandal
Senate Republicans abandon an attempt to stop the FCC’s proposed net neutrality regulations. New Orleans braces for the arrival of “Out of the Storm 09:…
Blog
The Economics of Net Neutrality
Over at the Washington Examiner's Opinion Zone, I apply what I learned back in Economics 101 to the net neutrality debate. It's all about scarcity.
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