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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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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News Release
New Book ECO-FREAKS Reveals Destructive Environmental Agenda
Contacts: Peter Nasaw, (212) 966-4600, Christine Hall, (202) 331-2258 Washington, D.C., November 28, 2006—Rachael Carson’s Silent Spring advice actually killed…
Op-Eds
Al Gore is Captain Planet
The DVD version of Al Gore’s An Inconvenient Truth is released this week. In addition to the movie, the DVD will feature a…
Op-Eds
Unhappy Days Are Here Again
“The American people voted for change and they voted for Democrats to take our country in a new direction,” said a triumphant Nancy…
Op-Eds
Friedman’s Legacy
Though I never met him, Milton Friedman, who has died aged 94, was one of the earliest influences on my political development. In…
Op-Eds
The Unboring Pundit
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> John Tierney's Tuesday column began innocently enough. He…
News Release
Election Wins for Sarbanes-Oxley Reform
Washington, D.C., November 14, 2006—Reform of the onerous Sarbanes-Oxley accounting mandates was a winning issue for Democratic and Republican candidates in the election of 2006,…
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