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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Letters
Letter To President Obama on Credit Unions and Business Lending
Full Document Available in PDF December 23, 2008 The Honorable Barack Obama President-Elect…
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Fewer Toys for Christmas
Small toy manufacturers may go out of business thanks to the “Consumer Product Safety Act of 2008,” which Congress hastily passed in response to…
Citation
The 2008 Year in Poker
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Bush Auto Bailout Illegal, Bailout Supporter Admits
Clinton Administration Labor Secretary Robert Reich, who supports bailing out the Detroit automakers (whose unionized workers are paid $70 an hour), nevertheless points out…
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GM-Chrysler Merger Likely Blocked by Antitrust
General Motors & Chrysler could be strengthened by a merger, an option that wouldn't cost taxpayers a dime. But, the idea has been pushed aside,…
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Mortgage Madness
Here is a letter I fired to the Wall Street Journal: December 17, 2008 Editor, The Wall Street Journal 200 Liberty Street New…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
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Ryan Young
Senior Economist
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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
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