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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Forced Unionization: Bad for Business?
Only four short months ago President Obama said: If we make America the best place to do business, businesses should make their mark in…
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Republicans Filibuster Left-Wing Lawyer’s Nomination to Key Appeals Court; Block Confirmation of Goodwin Liu
"Goodwin Liu's nomination to the Ninth Circuit Court of Appeals appears to be done for" thanks to a Republican filibuster, says David Freddoso of…
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Delaware to Erase a Remnant of Prohibition?
On April 6, a remarkable bill was quietly introduced in the Delaware state house. If it passes and is signed into law,…
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Felix Salmon on Internet Gambling
He writes: But it’s insane to legalize an activity on the grounds that some tiny fraction of the people doing it are very successful…
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NFL Case Illustrates Power of Unions
The NFL's protracted labor dispute with The Union Formerly Known As The NFL Players' Association (TUFKATNFLPA) turned another corner yesterday. An Appellate Court ruling granted…
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Unionization by Regulation: House Oversight Committee Seeks Answers from Politicized NLRB, NMB
As unions continue to decline in their private sector membership, union leaders are seeking political solutions to their problems. President Obama will need organized labor’s support…
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