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 202: Farting Pigs
It isn’t often that one sees Nobel-winning economist Ronald Coase’s name and pig farts in the same sentence. Thanks to a recent court decision in…
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Businessmen: Obamacare Stops Them from Hiring
Journalist John Stossel describes how "three successful businessmen came on" his TV show last week "to explain how Obamacare is a reason that unemployment stays…
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Holiday Travel Travails
Just in time for the holiday travel season, Vanity Fair’s Charles C. Mann took a trip through airport security with security expert Bruce Schneier.
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2011 Brought Lots of Good News for Salt Lovers
With holiday cooking on most of our minds this week, it's worth celebrating some good news about one of the most beleaguered food ingredients: table salt. For…
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Governor Dayton’s Baleful Influence on Labor Relations
Minnesota State Senator Mike Parry (R-Waseca) recently caused a stir with strong accusations against Governor Mark Dayton. “It's no secret that the labor unions helped…
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Dick Durbin’s Hypocritical Quest for “Honest Information’ on Bank Fees
Senate Majority Whip Dick Durbin (D-Ill.) wants banks and credit unions to know that he's all about transparency and "honesty" in consumer fees. In his…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
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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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