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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Election 2010: Union Losses, Worker Gains
Yesterday’s election results will make it much more difficult for organized labor to advance its agenda in Congress. This is good news for the American…
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Private Liquor in Virginia Off the Menu… For Now
Virginia’s Governor Bob McDonnell announced last Friday he would not be holding a special session in order to act upon his Virginia liquor store…
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Morning Media Summary
Tech: Amazon’s 3G Kindle leaps ‘Great Firewall of China’: “Amazon’s Kindle 3G e-reader is being snapped up on China’s grey market as it…
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Halloween Roundup
Silly string forbidden in Hollywood on Halloween, man arrested for wearing a mask, plus more.
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Regulation of the Day 155: Miniskirts
Police officers would be tasked with paying close attention to women’s hemlines; no doubt many already do. Women who catch an officer’s eye could be…
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Morning Media Summary
Tech: Captcha adverts capture your attention: “IT IS an online advertiser’s dream. Some ads on the websites you visit could soon be impossible…
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