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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The Texas Empire Strikes Back
Well, I made a prediction here yesterday: It will be interesting to see how those in Congress who have been demanding…
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Who’s Afraid of Snuggles the Bear?
As the East Coast braces to be pummeled by Hurricane Irene, a new study in the Journal Air Quality and Atmosphere…
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NLRB to Businesses: Tell Employees they Can Unionize
The National Labor Relations Board has issued a new rule “requiring most private-sector employers to notify employees of their rights under the National Labor…
Op-Eds
Bureaucrats Have Gone Rogue
G.O.P. presidential candidates should emphasize that reining in the E.P.A. is a constitutional imperative. Yes, Americans are worried about jobs and the economy, but arguing…
Op-Eds
Rekindling the Dream
Martin Luther King Jr. is now memorialized with an imposing statue on the D.C. National Mall. While the honor is long overdue, his legacy should…
Blog
Eminent Domain, Rick Perry, and the Trans-Texas Corridor
Attorney Alan Ackerman has a post up highlighting and commenting on an article that argues that critics of Texas Governor Rick Perry from the right…
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