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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Online Gambling in New Jersey Could Cause WTO Disputes
New Jersey is on the verge of becoming the first state in the U.S. to explicitly legalize online gambling in an attempt to keep…
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Morning Media Summary
Tech: Comcast: Internet service restored after regional outage: “Officials at Comcast Sunday night said they did not know what caused disruptions in its…
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Federal Government Subsidizes Obesity and Wealthy Urbanites
In the Washington Examiner, David Freddoso explains how the federal Department of Health and Human Services spent $766,000 of your tax dollars to help…
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How Property Rights Saved the Pilgrims After the First Thanksgiving
In Reason Magazine, Nick Gillespie and Meredith Bragg write about how the establishment of property rights among the pilgrims made them more “industrious” and…
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A New Course for Wild Tigers
A New York Times editorial highlights a struggle faced by the wild tiger, noting its population is down to approximately 3,200 from a high…
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Morning Media Summary
Tech: Wipeout: When Your Company Kills Your iPhone: “A few weeks ago, Amanda Stanton’s iPhone suddenly went black.” 34% of all malware…
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