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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How to Help Small Businesses
Politicians love small businesses. Almost every campaign stump speech gushes about how important they are for the economy. Never afraid to put our money where…
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Obamacare’s Costs Rise, as Obama Backers Get Preferential Treatment
The cost of Obamacare continues to explode and exceed its sponsors’ predictions. HHS Secretary Kathleen Sebelius has now admitted to double-counting in the Obamacare…
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Connecticut Legislation Seeks to Unconstitutionally Restrict Political Speech by Employers
A Connecticut legislator is seeking to restrict the speech of employers on “religious or political” topics in pending legislation (House Bill 5460). The bill…
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Compensate Donors for Giving Their Organs
My letter to the editor in today’s Washington Post: The Feb. 24 front-page article “New kidney transplant rules would favor younger patients” reported…
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What Comes with Public Sector Collective Bargaining
The left has been successful in framing Governor Walker's efforts to end collective bargaining rights in the public sector as an assault on…
Op-Eds
How About a Budget for Regulations?
We have a bad fiscal budgetary process that institutionally isn’t capable of controlling the trajectory of federal spending in any direction but up. We need…
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