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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Obamacare Costs Additional $50 Billion a Year More Than Predicted, Based on Yet Another False Assumption in Calculating its Costs
“Federal payments required by President Barack Obama’s health care law are being understated by as much as $50 billion per year because official budget forecasts…
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Regulation of the Day 193: Cleaning Up After Riots
This is a different broken window fallacy than the kind one usually sees.
Blog
The “Obama Law” Devastates Impoverished People in the World’s Second Poorest Country, The Congo
People are going hungry, pulling their children out of school due to poverty, and joining criminal gangs to make ends meet in the poorest region…
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The Big Repeal
Congress and the White House have typically been reluctant to repeal any laws or regulations, regardless of which party is in power. The solution? Change…
Op-Eds
Down on the Downgrade?
The downgrade itself was fair. However, S&P’s timing and “partisan gridlock” rationale were questionable, as is its implicit advocacy of higher taxes. Nothing really…
Investor's Business Daily
To Rule Means To Reign
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Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
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Ryan Young
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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