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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National ID Plan Insults Americans
President Obama recently gave his thumbs-up to an immigration compromise plan formulated by Chucky “Why Am I So Annoying” Schumer (D-NY) and Lindsey Graham (R-SC)…
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Regulation of the Day 128: Bounty Hunters
You need a license to be a bounty hunter in New Jersey.
Blog
Governors Criticize Health Care Bill for Increasing Unemployment and State Budget Deficits; Tax Increases and Medicare Cuts in Bill Rise
Governors are now criticizing the health care bill backed by the Obama administration, saying it will cause health care costs and state deficits to…
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Is There No Adult Supervision at the Campaign for Liberty?
My colleagues brought to my attention this grossly misinformed, misleading, and error-laden essay on the Campaign for Liberty’s website. The main thrust of the piece…
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Will the Jobs Bill Create Any Jobs?
Over at the American Spectator, I explain why it won't, but a deregulatory stimulus would.
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Even Associated Press Says “Beware” of Obama’s Health Care Overhaul; Retired Judge Calls Health Care Tactic Unconstitutional
Even the Associated Press admits that President Obama is not telling the truth about his health care plan and how it would affect health…
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
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- Aviation
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
- Climate
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