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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Top Ten Federal Rules to Jettison — According to Small Businesses
The Small Business Administration’s Regulatory Review and Reform initiative (r3) has a new compilation of rules that need reform, according to small businesses across…
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More Grand Theft Common Sense
I used to think that the groups and individuals that sat around eagerly anticipating the launch of a new Grand Theft Auto (GTA) game were…
Op-Eds
The Auto Bailout We Need
GM and Chrysler have come back for more taxpayer money, which is exactly what everybody warned would happen when the first bailout was granted…
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The Auto Bailout We Need
The automakers have come back for more taxpayer money, which is exactly what we warned would happen when the first bailout was granted…
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UBS agrees to deal with the devil
I revoke my previous apology to the Swiss, and reiterate my previous disapproval. As evidenced by the…
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To Know Card Check is to Hate it
A recent survey of 1,000 likely voters, conducted in January by the consultancy McLaughlin & Associates, finds an overwhelling majority opposed to the so-called…
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