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
“How Media Took Us For A Ride In A Prius,” my IBD piece
For three days, James Sikes held America’s highest honor: victim. The nation had been transfixed by his almost half-hour-long 94-mph horror ride in his runaway…
Blog
Attorney Generals Challenge ObamaCare; New Health Care Law Increases State Budget Deficits, Imposes Marriage Penalties
Virginia Attorney General Ken Cuccinelli and a dozen other attorneys general have filed lawsuits challenging the new health care law signed…
Blog
Liberty Activists get a Black Eye, Keep on Fighting
As would be expected in the face of recently passed health care legislation this sweeping and controversial, pro-liberty citizens have been stepping out to…
Blog
State Attorneys General Do Good (For Once), Hit Obamacare with Lawsuits
On the heels of the health insurance takeover staged by the House of Representatives this week, a handful of state attorneys general have filed lawsuits…
Blog
Health Care- Fix middle-class “medicine cabinet tax” in reconciliation
“They won’t be so opposed to it once they see what’s in it.” That’s the rationalization House leaders have given skittish Democrats to get them…
Blog
Health Care Crisis About to Get a Whole Lot Worse
In just a few hours, the House of Representatives will vote on the $940 billion Senate health care bill, followed by a reconciliation package of…
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