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…
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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Finding Something to Praise in Obama’s Speech Today
While this speech is mostly hogwash, I am surprised and delighted to be able to find one thing to praise in it: Later this…
Newsletter
Obama on Global Warming, Blocking Net Neutrality and Car-Free Day
President Obama delivers a speech before the United Nations, saying that the U.S. is “determined to act” on global warming. Republican senators announce legislation that…
Blog
Regulation of the Day 54: Shovelnose Sturgeon
Why does the Fish and Wildlife Service want to list it as a threatened species? Because it looks like the pallid sturgeon, which is currently…
Blog
Regulation of the Day 53: Y2K
In which the case for regulatory sunset provisions is inadvertently made.
Blog
An Independent Analysis
The Greens keep trying to change the subject when it comes to what the released Treasury documents about cap-and-trade actually show. They’ve got a bunch…
Blog
Public Option Is Not The Worst Aspect Of ObamaCare
"If liberal health-care reform is going to make people better off, why does it require "a very harsh, stiff penalty" to make everyone buy it?…
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