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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More Risky, Low-Income Loans: Obama Asks Congress to Create a Harmful Consumer Financial Protection Agency
Banks will now be pressured to make even more risky, low-income loans. Obama has sent to Congress his proposal to create a politically-correct Consumer…
Citation
Goodbye, Mother Harriette: Loose Lips Daily
Blog
Obama’s Call for Light Bulb Regulation Not a New or Bright Idea
Eager to sustain his regulatory whirlwind, President Obama is now calling for efficiency standards for household and business lighting. As if the climate-themed…
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Regulation of the Day: Cap and Trade
The Waxman-Markey cap and trade bill that passed the House last week contains 397 new regulations.
Op-Eds
Non-Profits Can Help the District’s Failing Economy
Public charities — organizations that do everything from advocating for wildlife to supporting stronger national defense — are the heart of Washington, D.C.’s private…
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Supreme Court Rules in Favor of White and Hispanic Firefighters in Ricci v. DeStefano
The Court reversed a decision by the Second Circuit Court of Appeals, including Judge Sonia Sotomayor. . . The Supreme Court held that this was…
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