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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Len Nichols of NAF on Incentives in Health Care
12:52pm Len Nichols of the New America Foundation is driving down the same “Middle Road” that the last panel plotted out. So far,…
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Heart Docs & Health Reform: What about Regulation?
I’m listening now to a panel discussion at the America College or Cardiology Health System Reform Summit. The panel’s topic: “Health Care Reform: State Models…
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Increasingly Lost Property Rights
Most people probably think “wetlands” should be wet. But not in the view of federal bureaucrats. Land can be perfectly dry–indeed, never have the slightest…
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FACT Check the Internet’s Future
The Future of American Communications (FACT) working group funded by the Media Democracy Fund released its official report on the 26th of January. The report,…
Blog
We’re Here from the Government to Hurt You (the Toymakers)
That old line about “we’re here from the government to help you” always garners a laugh. But small toymakers are crying. Investigative columnist Timothy…
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Unions Stall on EFCA, Advance Elsewhere
The Democratic Congress’s failure to pounce instantly to pass the so-called Employee Free Choice Act (EFCA), also known as the “card check” bill, presents a…
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