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 199: How to Catch a Tuna
Authorities confiscated an otherwise legally caught bluefin tuna because it was caught with a net. The government intends to sell the fish and keep the…
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Obamacare Attacks Your Flex Account — Minimize Damage in 2013 by Doubling Up for 2012
Hey Joe and Jane Citizen, concerned about the future of your country and your family. Please step away for five minutes from the nonstop TV coverage…
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Middle Class in Big Trouble
A new study titled Growth in the Residential Segregation of Families by Income 1970-2009 by Stanford University researchers throws harsh light on a disturbing…
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Alcohol Regulation Roundup: Turkey Day Edition
As Thanksgiving quickly approaches many hosts and hostesses are scratching their heads about what drinks to pair with their meal items. The Washington Post…
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Regulation of the Day 198: Talking about Water
In a ruling so dumb that only a panel of intellectuals could have written it, the EU has decided that companies may not claim…
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Sen. Hagan Bill Would Expand Accelerated Drug Approval
According to Bloomberg News, North Carolina Democratic Senator Kay Hagan is set to introduce a bill that would create new “progressive”…
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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