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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Obesity Letters Assume Parents Can’t See Their Children
A school district in Arizona is implementing a controversial program that has the world talking: they will be weighing students and sending notes home…
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Morning Media Summary
Tech: FCC chief on net neutrality: Trust me: “FCC chairman Julius Genachowski now finds himself caught between unfulfilled promises made to the tech…
Bastiat Institute
No Sense in Maryland’s “Dime-a-Drink” Tax Increase
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GM IPO Raises Billions, But Company Faces Hidden Challenges; Bailout Still Not Repaid
General Motors raised more than $20 billion in an initial public offering (IPO) this week, selling millions of shares owned by the federal government,…
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Regulation of the Day 160: Sleeping in Public
In Roselle Park, New Jersey, it is against the law to fall asleep in public.
Blog
FDA Killing Big Beer’s Competitors
If you saw the movie Beer Wars, which was released last year, you might remember one hard-working entrepreneur featured in the film named Rhonda…
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