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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Defending the Incandescent Light Bulb
Jim DiPeso, writing at The Daily Green, does not care much for Freedom Action’s campaign to overturn the impending ban on…
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Morning Media Summary
Tech: Computer crushes the competition on ‘Jeopardy!’: “The computer outsmarted its human competition in Game 1 of the Man vs. Machine competition on…
Washington Examiner
Sen. Toomey Demands Spending Reform Instead of Debt Ceiling Hike
At Heritage, Sen. Pat Toomey, R-Pa., promises not to consider raising the debt ceiling until Congress reforms America’s “unsustainable” spending habits. Toomey’s slim…
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Morning Media Summary
Tech: Google Launches Site-Blocking Extension Against Content Farms: “Aimed at stripping search results of pages from “low-quality” sites, a new Google Chrome extension…
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Regulation of the Day 165: Singing in Public
It is against the law to sing in public in Anderson, South Carolina. But the ban could be lifted as soon as today.
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Michigan May Fire Salvo Against Regressive Debit Card Price Controls
In the battle against Obamacare, the shots heard ’round the world were resolutions against the law by state legislatures. These resolutions led to court cases that…
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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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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
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