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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Senators Introduce Bill to Push Back against NLRB Overreach
Reacting to the National Labor Relations Board’s (NLRB) blatant efforts to promote organized labor’s agenda, Sens. Lamar Alexander (R-Tenn.), Jim DeMint (R-S.C.), and Lindsey Graham (R-S.C.)…
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Regulation of the Day 174: Lying about the Size of the Fish You Caught
If you live in Texas, look over your shoulder before you tell a tall tale about your last fishing trip.
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Raise Awareness on Your Own Time
The Washington Examiner had a piece that hits close to home, as I have seen this waste firsthand. I’m sure many in D.C. area…
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TSA Pats Down Infant
Surprisingly, no explosives were found during extra screening, including what a TSA official describes as a "modified pat-down" of the suspicious infant.
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Who’s Afraid of Walmart?
As surely as summer follows spring, it seems like every new Walmart store opening announcement in a major city is now followed by protests. The…
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Hormones in Milk: They Do a Body Good
Today's Washington Post Food section contains a number of articles following up on the Post's "The Future…
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Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
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Ryan Young
Senior Economist
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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