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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Bipartisan Regulatory Reform
Usually, "bipartisan" means "twice as stupid." But for real regulatory reform to happen, both parties need to be involved.
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The Limits of Government-Funded Psychology: 9/11 Counseling Backfires
After school shootings, psychologists fan out and provide “grief counseling” to student bodies, but it’s far from clear that this does any good. Critics say…
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Regulation of the Day 190: How to Behave While in a Forest
Since time immemorial, Cook County, Illinois has had very strict personal conduct regulations for its forests. Among other things, it has been illegal to:…
Fox News
Reforming Regulation, Bit by Bit
President Obama recently issued an executive order directing independent agencies to comb through their books and repeal unneeded regulations. This is, as he put it,…
Blog
Stop Messing with My Daughter’s Happy Meal!
There are apples and other fruit sitting around my house, and my four-year-old daughter can eat an apple anytime. By contrast, she seldom gets to…
Blog
Regulation of the Day 189: Naming Your Baby
New Zealand’s Registrar of Births, Deaths and Marriages has a list of names that are verboten for newborn babies.
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