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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Another Shot at Pennsylvania Liquor Privatization
Ah, Pennsylvania: home sweet home. The state known for its soft pretzels, Hershey’s chocolate and Sylvester Stallone statues. Unfortunately, it has also…
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Police Shut Down Renegade Lemonade Stand
Vendors inside the car show didn't appreciate the competition. So they talked the city government into passing a new ordinance that put the girls out…
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Regulation of the Day 184: Picking up Dog Poop
A Vienna, Austria man was recently jailed for not picking up after his Great Danes.
One News Now
Regs Reform Merely a Pittance
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Permit More Permits, Please
Want jobs? The National Ocean Industries Association and the American Petroleum Institute have the answer: restore the number of exploration and offshore drilling permits…
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The President’s Health Care Fables
The president pushed the health care bill through Congress using a series of fables -- health insurance horror stories…
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