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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Alcohol Regulation Roundup: Friday The 13th Edition
Happy Friday the 13th, everyone! Remember: raise your glasses with extra care this evening. Connecticut: In a continued effort to remain competitive with alcohol…
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Financial System Continues To Not Collapse On JPMorgan Chase Earnings Report
As was was widely reported this morning, JPMorgan Chase today released its quarterly earnings statement, disclosing $5 billion of net income after accounting for a…
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FDA Delay Likely Killed Thousands, Imposed Billions In Costs
The FDA didn’t approve a home test for HIV until 24 years after it first received an application. According to an FDA advisory committee,…
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Sign A Petition Requiring The Transportation Security Administration To Follow The Law!
Over at the White House’s “We the People” site, a petition rapidly gathering signatures that demands that the Transportation Security Administration abide by a…
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Dietitian Licensing Board Attempts To Limit Free Speech, Silence Bloggers
Have you ever given someone advice on how to lose weight through dietary changes? Have you ever recommended that certain foods could be consumed or…
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TSA Roundup
Everyone's favorite sexy-searchers are back in the news, but not for the right reasons.
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