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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Privatizing Education the Fix for Collective Bargaining Debate
The collective bargaining debate in Wisconsin has elucidated one critical point: The federal, state, and local government should not be involved in industries that can…
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Morning Media Summary
Tech: Windows Intune hits the street March 23: “Microsoft said today that the final version of its Windows Intune cloud-delivered PC management…
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What’s in a Name? A Reflection on the SBA
The Small Business Administration (SBA) recently announced it is expanding regulation in light of recent abuses. As The Washington Post reported recently, some…
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Bogus Statistic from Wisconsin Union Backers Spreads Despite Repeated Debunking
"A lie can make it half way around the world before the truth has time to put its boots on" -- like a…
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Morning Media Summary
Tech: Gmail accidentally resetting accounts, years of correspondence: “If you've got a working Gmail account, you might want to back it up every so…
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Wisconsin Union Backers Defame Virginia and Spread Bogus Statistics
Virginia schools have better-than-average test scores. Virginia obviously doesn't rank an abysmal 44th in the nation on SATs and ACTs, as…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- Antitrust
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- Regulatory Reform
Fred L. Smith, Jr.
Founder; Chairman Emeritus
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- Aviation
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
- Climate
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- Energy and Environment