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…
Blog
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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Op-Eds
A Cautionary Tale on Government Spying
Who enforces the law? Most people would answer that this is the central function of government. However, America’s federal government has increasingly distanced itself from…
Op-Eds
Labeling Of Biotech Foods Is Unnecessary And Unconstitutional
This piece was co-written with Henry Miller. Should the government require that labels on cans of marinara sauce contain information about whether the tomatoes in…
Blog
Good News/Bad News on Compensating Bone Marrow Donors
By now, there's been plenty of news highlighting last week's decision by the Ninth Circuit Court of Appeals that the National Organ…
Blog
Reforming Medical Malpractice Law: Interesting Discussion about Damage Limits in Malpractice Cases
Point of Law has an interesting debate over whether medical-malpractice noneconomic damage caps hurt consumers, between Ted Frank and Shirley Svorny. As…
Blog
Alcohol Regulation Roundup: December 7, 2011
Arizona: Liberalization of beer laws in Arizona has kick-started the state’s craft brewing market. The state allows small producers to skip the wholesaling tier…
Op-Eds
Without REINS It Pours: A Christmas Wish For Sane Government
This year, Congress has passed and the president has signed into law 39 pieces of legislation by my quick count. They’re representatives, elected precisely…
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