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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Bailout Watch: Union and Public Employee Pensions
As the strain on state and local government budgets around the country worsens, public employee unions have gone on the defensive, painting themselves as scapegoats…
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Regulation of the Day 131: Airport Vendors
Laws are supposed to be made by legislative branch, not the executive. What we have here is one more case of regulation without representation, out…
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Regulatory Problem, Regulatory Solution?
A dying patient in the UK's NHS made the news after nurses refused to bring him a glass of water, despite his repeated begging. Had…
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Washingtonian mag: Stern is “union boss number one”
The current issue of Washingtonian magazine features a long, fairly in-depth interview with Service Employees International Union (SEIU) President Andrew Stern, whom author Chris…
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“We’re twisting arms. We’re threatening people.”
So said United Teachers of Los Angeles President A.J. Duffy at a rally, which reason.tv now makes available in a new video on public…
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“How a pit bull is like a Prius,” my Philly Inquirer article today
What could pit bulls possibly have in common with Toyotas? Pit bulls, after all, tend to be smaller and furrier. And whatever you do, never…
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