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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The Future of Freedom Foundation
O’er the Land of the 39 Percent Free
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Regulation of the Day 195: Fitted Sheets
California’s state legislature is poised to pass SB 432. It would, of all things, make it a crime for hotels to use non-fitted sheets.
The Future of Freedom Foundation
Let’s Put a Stop to the War on Salt
First Lady Michelle Obama has been lobbying strongly this year for food manufacturers to reduce the sodium content of their products. Her efforts scored a…
OA Online
Mileage Standards Will Decrease Safety
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Obama Ignores even Internal Dissent on Environmentalist Agenda
President Obama will stop at nothing to pursue his war on coal. He won’t even listen to those within his own administration. His…
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EPA-Backed Study: Products Containing BPA Harmless
The US Environmental Protection Agency officially backed a study last week underscores what scientists around the world have been saying for years: BPA is not…
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