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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HIGH NOON PASSES–Global Warming Doesn’t Show Up At The Inaugural
Well, the noon temperature in Washington DC at the President Obama’s swearing-in was 28 degrees F., eight degrees colder than when Bush…
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Barack Obama’s ‘Digital Lines’ to Nowhere
When Barack Obama said in his inaugural address, "We will build the roads and bridges, the electric grids and digital lines that feed our commerce…
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Bad Economic Metaphors: Priming the Pump
President Obama faces the immediate challenge of getting funds again flowing through the financial system. And, apparently, his advisors are relying on “pump priming”—pouring…
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Whither Union Transparency?
As Barack Obama is sworn in as the nation’s 44th President today, Rep. Hilda Solis (D-Calif.) will likely be the next Secretary of Labor. As…
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HIGH NOON–Inauguration Global Warming Temperature Watch
When President Bush leaves office today, will the capital be warmer or colder than when he was sworn in eight years ago? It’s not scientifically…
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Stimulus Bill Lacks Bold Ideas for Reform
USATODAY.com reports that the stimulus plan has swelled to $850 billion but lacks the bold ideas that are needed for the economy to truly…
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
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Sam Kazman
Counsel Emeritus
- Antitrust
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- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment