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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Hold the Sizzle: Chipotle, Immigrant Employees Get ICE’d
Chipotle boasts that it offers “food with integrity,” but the popular restaurant chain may want to consider an addendum in light of its recent actions:…
Blog
Morning Media Summary
Tech: FTC Warns About Public Wi-Fi Hotspot Dangers: “The OnGuardOnline.gov website, operated by the Federal Trade Commission, Justice Department, Homeland Security, Commerce Department…
Op-Eds
TSA Union Power Grab
It’s been a bad couple of weeks for taxpayers and airport travelers – but a good one for government employee unions. As if the…
News Release
Obama Budget Fails On Regulatory Reform
Washington, D.C., February 14, 2011 — President Barack Obama has submitted a $3.73 trillion spending budget blueprint for fiscal 2012, blowing well past President George…
Orange County Register
Deceptive Obama Budget Still Bloated
The Orange Country Register discusses President Obama's deceptive budget with Iain Murray. "The president is pulling a fast one on the public when he…
Blog
The Pitfalls of Unionizing the TSA
Robert Verbruggen wrote recently about the downside of unionizing the TSA in the National Review, taking issue with the Obama Administration’s decision to allow 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
- Automobiles and Roads
- Aviation
- Business and Government
Sam Kazman
Counsel Emeritus
- Antitrust
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- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment