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”…
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Economic Freedom Declines Again; Government Control Is Bad For Your Health
Economic freedom has declined under the Obama administration, and America's rank has repeatedly fallen on the Index of Economic Freedom and other rankings issued…
News Release
REINS Act Introduced in House
Washington, D.C., January 24, 2013—This week, Rep. Todd Young (IN-9) introduced the Regulations from the Executive In Need of Scrutiny (REINS) Act with 121…
Blog
Greens Complain About BPA-Free Products They Helped Spur
Anti-chemical environmental activists rarely consider the consequences of their policies. They demonize chemicals that have been used safely for decades and advance chemical bans…
Blog
Walker, Wisconsin Ranger (Strikes Again)
It’s almost too beautiful to believe. In this era of ever-expanding government power, of rising and risible rapacity in the federal Leviathan, can it really…
Blog
New Jersey State Senate Pushes Union Giveaway in Project Labor Agreement Bill
The extent and huge costs of the damage from Hurricane Sandy to New Jersey should make rebuilding the worst affected areas…
Blog
Obamacare Increases Unnecessary Medical Tests, Wastes Doctors’ Time, Drives Up Billings And Costs
President Obama claimed Obamacare would cut healthcare costs, but it actually increased them in many ways, some of which are chronicled here. Here are yet…
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