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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Federal Register Near Record Pace
This year's Federal Register is on pace to be 80,190 pages long. That's an average of 220 pages of fresh proposed rules, final rules, notices,…
Ceske Noviny
Czech President Warns in USA Against Effort to Restrict Freedom
Ceske Noviny
Google And The Antitrust Case Against Antitrust
Now that the economy has recovered to robust health and unemployment is back below 5%, the U.S. Senate has ample time and resources to spend…
Blog
Obama’s Proposed New Tax Will Multiply Red Tape and Enrich Tax Lawyers and Accountants More than the Treasury
I have argued that "significant tax increases" may be necessary as part of a deficit reduction deal, given the enormity of the deficit and…
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Warren Buffett, Give Your Secretary a Raise!
So it has been decreed -- by Warren Buffett, by President Barack Obama, and by media members going gaga over to so-called Buffett Rule --…
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Regulation Roundup
Flirting is illegal in Haddon, New Jersey, plus more.
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