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”…
Search Posts
Blog
Regulation of the Day: Clean Air in Columbus, OH
Today’s Regulation of the Day comes to us from the EPA. One would think that regulators, seeing heartening results, would pat themselves on the back…
Blog
Obama’s Speech to AMA on Healthcare Misses the Point
In a speech before the American Medical Association on Monday, June 15, President Obama pitched his plan for heathcare reform. The main thrust of the…
Op-Eds
Obama Administration = Waste, Corruption, Corporate Welfare
Rapidly-rising Medicare spending already threatens “to crush the federal budget,” and much Medicare spending is wasteful, yet the Obama Administration claims it…
Op-Eds
Retirees and Pensions Fuel GM’s Downfall
General Motors has declared bankruptcy as a result of a number of things — bad management, poor products and screwy labor relations. But in…
Blog
Senate Passes FDA Tobacco Regulation Bill; Obama Will Sign It
The Senate has just passed the FDA tobacco regulation bill by a 79-to-17 vote. The bill now goes to President Obama, who has…
Blog
Barney Frank Asked about Executive Pay Curbs; Throws Tantrum
Rep. Barney Frank (D-Mass.) appears to be working in tandem with the Obama administration on making executive pay subject to shareholder votes. That seems…
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