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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Fraser Institute Confronts Changing Demographics of Entrepreneurship
As my colleague Christine Hall reported earlier this week, our Canadian think tank friends at the Fraser Institute have a new book out…
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Did You Hear the One about the Entrepreneur?
When putting together a chapter on entrepreneurship and regulation for the Fraser Institute’s new book “Demographics and Entrepreneurship: Mitigating the Effects of an Aging…
The Hill
How Trump Can Build on Regulatory Reform: Borrow From Reagan’s Playbook
The Hill cited the Competitive Enterprise Institute on the cost which federal regulations pass onto consumers. One of the most successful policy achievements…
Blog
Red Tape Discourages Entrepreneurs, CEI Expert Explains in Fraser Institute Book
Today, the Fraser Institute, an independent, non-partisan Canadian public policy think-tank, released a new book on worldwide barriers to entrepreneurship, Demographics and Entrepreneurship: Mitigating the…
The Daily Mail
The Race Is On for Slice of Lucrative US Gambling Pie
The Daily Mail cited Michelle Minton on the conditions which observers ought expect will rise across different states concerning the management and taxation of online…
Op-Eds
Next-Level Prosperity: Explaining And Reversing Declining Entrepreneurship Rates
One of the consequences of aging populations in the West that may sometimes not be fully incorporated into public policy is that the pool of folks inclined…
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