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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Regulation of the Day 212: Locating Your Newsstand
New York City requires newsstands to be located at least 9 feet, 6 inches away from buildings. Marilyn Louie's newsstand has sat in the same…
Citation
How the Dodd-Frank Act Harms the U.S. Energy Industry
From Pete Sepp’s op-ed in U.S. News & World Report:…
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Regulation of the Day 211: The Color of Buildings
Officials in Calcutta, India definitely have a favorite color: sky blue.
Daily Caller
Simplicity is Beautiful: How to Build a Democracy
The Arab Spring is over a year old now. It’s too early to tell if that movement will bring liberal democracy to countries that badly…
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Taxmageddon Comes Just After the Election
On December 31, shortly after the November election, tax rates will rise across the board in what congressional aides call "Taxmageddon," notes The Washington Post. Not…
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The STOCK Act: A Response to Professor Bainbridge
Professor Stephen Bainbridge recently responded to a National Review Online article by my colleagues John Berlau and David Bier in which they argue…
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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