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…
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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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Virginia ABC Store Privatization: Improving Plan, Dimming Political Support
When Virginia’s governor Bob McDonnell’s unveiled his plans for privatizing the state-run liquor sales system nobody was terribly thrilled. The plan’s basic outline (as I…
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Obamacare May Force McDonald’s to Drop Health Coverage for Employees
Michelle Malkin points out that “McDonald’s has notified the feds that it may be forced to drop health insurance for some 30,000 workers due…
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SEC “Proxy Access” Rule Could Empower Unions, Political Activists and Undermine Investors
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Free Enterprise Fund v. PCAOB: Narrow Separation-of-Powers Ruling Illustrates That the Supreme Court Is Not ‘‘Pro-Business’’
Full Document Available in PDF Chief Justice John Roberts has often been depicted as an advocate of narrow rulings and a judicial philosophy…
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The Failed Stimulus Package Reveals What Economy Really Needs
A failure can make for a valuable learning experience, and the stimulus package is no exception. Clearly the stimulus has not worked, and from…
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Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
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- Business and Government
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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
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