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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FDA Was Right to Deny Petition to Restrict Animal Antibiotics
I didn't have a chance to write about it then, but a few weeks back the Food and Drug Administration denied a…
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A Nice Review of Stealing You Blind
David Hogberg of Investor’s Business Daily and The American Spectator has a very complimentary review of my book, Stealing You Blind: How Government Fatcats…
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CEO of Land-Based Casino Morally Opposed to Online Gambling
File under Hypocrisy 101. Sheldon Adelson, the CEO and Chairman of Las Vegas Sands Corp., which owns some of the largest casinos in…
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Immigration is Good for Natives
Alabama, South Carolina, and Georgia are joining the list of states with tough anti-immigration laws. On January 1, most of those laws…
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Print Out Your Durbin Dollars
Senator Dick Durbin has a truly backwards view of how capitalism is supposed to work. Thanks to price controls produced by his amendment to the…
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The GOP Response to TSA Strip-Searches
The TSA has allegedly strip-searched an elderly woman for wearing a back brace. They wrongly suspected it was a money belt. This search was security-unrelated;…
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