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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Inside the Beltway: Alarmed by the Feds
It could be raining regulations soon, should the wishes of Rep. Henry A. Waxman of California and Sen. Sheldon Whitehouse of Rhode Island come true.
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“Right-To-Work” Train Rolls On: Next Stop, Pennsylvania?
The earthquake that was Michigan's right-to-work law has produced a number of interesting aftershocks, not least of which is the right-to-work rumbling in Pennsylvania where…
Washington Examiner
Out of Control: 47 New Regulations for Every New Law
According to a new Competitive Enterprise Institute study provided to Secrets, agency bureaucrats have finalized 47 times more new rules…
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LaHood Out At DOT, But Is There Hope For A Qualified Transportation Secretary?
After months of confusing double-talk on whether or not he would stay on in a second Obama term, Secretary of Transportation Ray LaHood announced he…
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The Anti-Democracy Index
In compiling Ten Thousand Commandments over the years (alas, February 8 is going to mark 20 years of this project) it…
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How Much Does Federal Paperwork And Tax Compliance Cost?
Regulations notwithstanding, the off-budget costs of tax compliance for individuals and businesses are said to account for most of the federal paperwork burden, although there…
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
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Sam Kazman
Counsel Emeritus
- Antitrust
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- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment