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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Another TSA Nightmare
The writer Andrew Ian Dodge shares his painful experience at the hands of the TSA at this link. The TSA inflicted prolonged pain on…
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Morning Media Summary
Tech: Internet is easy prey for governments: “For all that the revolution in Egypt tells us about the power of…
International Liberty
The Federal Bureaucracy: Even More Bloated When You Count the “Shadow” Workforce
International Liberty references Iain Murray's Nationa Review article to discuss the size of the federal workforce. Iain Murray of the Competitive Enterprise Institute…
Blog
TSA Given Approval To Unionize
As the New York Times says, this is a debate that has been brewing for potentially a decade: the “right” for Transportation Security Administration…
Blog
Regulation of the Day 163: Switchblades
Maine state representative Sheryl Briggs would like to end her state’s switchblade ban – but only for people with one arm.
Blog
Morning Media Summary
Tech: A Shortage of Power in Data Centers?: “You don’t know what you have until it’s gone, right? If you’ve ever experienced a…
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