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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In Journalism, Scaremongering Pays — Or, Is Ethical Journalism an Oxymoron?
As legal commentator Ted Frank notes, ABC was rewarded for deliberate scaremongering and deceptive reporting that created needless fear and anxiety among Toyota owners…
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Lessons in Entrepreneurship: Lemonade Stand Edition
Lemonade stands are technically illegal in Montgomery County, Maryland.
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Government’s Next Scapegoat
The SEC is bringing fraud charges against leading credit-rating companies for not being thorough enough in their research to determine ratings on mortgage-backed securities…
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Life, Liberty, and Internet?
Josh Smith reports in National Journal that Representative Doris Matsui (D-Calif.), has proposed legislation to provide subsidized Internet services to low-income Americans. The…
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Wisconsin Supreme Court Upholds Collective Bargaining Law, Reversing Court Ruling Striking It Down
In a 4-to-3 vote, the Wisconsin Supreme Court has upheld the state's new law limiting collective bargaining with government-employee unions. As the Heritage Foundation's…
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FDA Should Not Mandate Comparative Effectiveness Trials
AEI resident fellow Scott Gottlieb has a new paper out explaining why the FDA should not force…
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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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