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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Schadenfreude “Two-Fer”
The New York Times reported this week that the Peanut Corporation of America plants in Texas and Georgia that were shipping salmonella contaminated peanut products…
Op-Eds
Speak out against ‘fishing expedition’
Sir, Kudos to former ambassador Faith Whittlesey for her valid points about the Obama administration exerting “raw Goliath power” and breaching a bilateral tax agreement…
Blog
Yes, “Botch” is the right word.
Alex is right. “This IS one of these questions about what to do in the real world, where first-best solutions just aren’t politically possible†(emphasis…
Blog
Did the Supreme Court “Botch” Wyeth v. Levine?
I was initially going to post this as a comment to Greg Conko’s recent post arguing against the Court’s recent decision in Wyeth…
Blog
Imagine There’s No Agency
Washington spends and regulates, and it’s hard to make it stop doing either. Government agencies and programs attract constituencies that want to keep them around,…
Blog
Supreme Court Botches Preemption Case
Ms. Levine alleged not only that the warning on Phenergan's label wasn't strong enough, but that Phenergan was "not reasonably safe for intravenous administration," and…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
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Ryan Young
Senior Economist
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
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