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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Gail Giggles at Consumer Choice in the NYT
Gail Collins has a truly inane opinion piece in the NYT today, in which she excoriates those people -- Tea Partiers and libertarians --…
Blog
Six Pages of Legislation, 1,000 Pages of Regulation
HHS is about to issue over 1,000 pages of new regulations stemming from a 6-page section of last year's health care bill.
The American Spectator
Unionization Through Regulation
Changing election rules to favor one side is something we usually associate with dictatorships. Yet a U.S. federal agency did just that recently, as…
Blog
Alcohol Regulation Roundup: March 29, 2011
With April Fool's Day just around the corner, you might think that I'm pulling one over on my readers with the some of the laws…
Blog
Delaware DOT Removes a Public Menace
One wonders just how many regulations this rogue basketball hoop violated in the 60 years it spent terrorizing an unsuspecting Delaware neighborhood.
Blog
Maine Gov. LePage Looks to Reform for Balanced Budget
Governor Paul LePage and Maine have skirted the public attention present in Wisconsin, Ohio, and Michigan that have proposed budget reform bills. Maine has proposed…
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