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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Unemployment Skyrockets: “U.S. now beating European unemployment rates”
Unemployment is now higher in the U.S. than in Europe, reports the Washington Post. “The official U.S. unemployment rate, reported last Friday, now stands…
Blog
Regulation of the Day 70: Combustible Dust
OSHA has published a proposed rule to regulate one of the greatest threats to mankind: combustible dust.
Blog
Poor Ford – They Thought They Were Operating in the Market
The Washington Times, “Greedy Autoworkers,” editorializes the overwhelming rejection of the UAW’s proposed labor agreement. Unlike GM and Chrysler, Ford elected to reject the…
Blog
Ludwig von Mises Gets Respect
“The Man Who Predicted the Depression,” in Saturday’s WSJ explains von Mises’s interpretation of the business cycle. To Mises, volatility was inevitable with a…
Blog
Buffet Displays Hope in America’s Energy Future
Warren Buffet, one of the most respected investors in America, recently purchased Burlington Northern, one of the nation’s largest railroads with some 32,000 miles of…
Newsletter
Health Care, Alcohol Regulation and Flu Stats
VIDEO: 20TH Anniversary of the Fall of the Berlin Wall The House of Representatives narrowly passes Democratic-sponsored health care legislation. Bob McDonnell wins election to…
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