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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National Center for Policy Analysis
Special Interest at Heart of CARE Act
National Center for Policy Analysis
The Wisdom of the Debt Ceiling
Even though I often disagree with his conclusions, I’ve long been a fan of New Yorker correspondent James Surowiecki. In his articles and his book,…
Blog
Mandatory Data Retention Rears its Ugly Head Again
This morning the House Judiciary Committee began markup on H.R. 1981, the “Protecting Children from Internet Pornographers Act of 2011,” which would among other things force…
Blog
Thousands of Jobs and Billions in Wealth Wiped Out by Dodd-Frank Conflict Minerals Provision
Thanks to the "conflict minerals" provisions of the 2010 Dodd-Frank law, thousands of the world's poorest people will lose their jobs. Why? Simply because they…
Blog
Regulation of the Day 188: Cat Licenses
San Diego's city government is going through tough financial times. But legislators have found a lucrative possible revenue source: the city’s 373,000 cats. The city…
National Center for Policy Analysis
False Prophets of Debt-Ceiling Doom
If I didn’t know any better, I’d be on the lookout Tuesday for the Four Horsemen of the Apocalypse. With Aug. 2 just around the…
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
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- Aviation
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Sam Kazman
Counsel Emeritus
- Antitrust
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Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment