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.
Featured Posts
Blog
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…
Blog
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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The Hill
Conservatives Packed 2017 With Victories — Push 2018 Even Further
The Hill cited Wayne Crews on the financial impact of overregulation by the Obama administration upon the United States economy. With a wild…
CNBC
Trump Disappoints Fossil Fuel Proponents and Corn Belt Base as EPA Leaves Biofuels Program Mostly Unchanged
Marlo Lewis was cited by CNBC for the negative impact which not scaling back on the renewable fuel program will have on taxpayers and those…
Bloomberg Law
House Bid to Ax Payday Rule Kicks Off With Bipartisan Support
Bloomberg Law cited Daniel Press on the leadership expressed by House lawmakers for blocking a law that would impede upon the loan-granting process that would…
Newsmax
Year Two: 10 Things Trump Must Do to Finish Draining the Swamp
President Trump has not drained the swamp yet – but at least it is getting smaller.
The Washington Times
Judge Rules in Favor of Trump in Battle Over CFPB Leadership
The Washington Times quoted Sam Kazman on the blocking of Leandra English in taking control of the CFPB as acting director. A federal…
The Washington Times
Trump Signs Legislation to Repeal Obama-Era Arbitration Rule
The Washington Times quoted Iain Murray on the need for Congress to disapprove of the CFPB’s egregious rule against small dollar loans. President Trump signed…
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