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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Regulation of the Day 142: Ladies’ Night
Ladies’ night bar specials are illegal in Minnesota. They are unfair gender discrimination, according to the Minnesota Department of Human Rights.
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EPA Overreach
I have an article in the Washington Times today about the EPA’s new status as a rogue agency. It begins: The Senate undermined its…
Comment
Upcoming Supreme Court Decisions in Sarbanes-Oxley Case
Full Document Available in PDF The Supreme Court is expected to hand down its decision soon in a major case involving…
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Obama Blocked Clean Up of BP Oil Spill by Friendly Countries; International Assistance Blocked by Regulations Obama Had The Authority To Waive
Crucial offers to help clean up BP’s oil spill “have come from Belgian, Dutch, and Norwegian firms that . . . possess some of the…
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Obama Wants Taxpayers to Cough Up $50 Billion To Bail Out Public-Employee Unions
President Obama now wants Congress to spend $50 billion to keep state governments from laying off government employees. In essence, this is a bailout…
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Regulation of the Day 141: Mandatory Fire Sprinklers
Politicians love it when housing prices go up. That's why Cumberland, Maryland is mulling requiring all new homes to install fire sprinkler systems. Cost: $3,000-$9,000…
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