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…
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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Twitter IPO a Vindication of Bipartisan JOBS Act
Almost two years ago, I wrote a Wall Street Journal op-ed entitled, "Making It Legal to Tweet for Investors." In the op-ed, I described bipartisan bills…
Blog
Regulators and Justice
The federal government cajoled JP Morgan into acquiring Bear Stearns. Now they are punishing JP Morgan for crimes allegedly committed by Bear Stearns prior to…
Blog
Regulatory Transparency Is Decidedly Lacking
The Office of Management and Budget reviewed a grand total of 47 regulations last year, or a little more than 1 percent of the total.
Washington Times
The real cost of federal regulations
When the news broke that the National Security Agency has been monitoring Americans’ communications, the Obama administration was reluctant to discuss if it…
Blog
Obamacare Quadruples Rates for Some, Subsidizes Some Wealthy Who Retired Early
Due to Obamacare, North Carolina "will see individual-market" health insurance rates "triple for women, and quadruple for men." In Tennessee, Obamacare will…
Blog
Green Policies Translate Into Less Food, Higher Prices
Thanks to misguided bureaucracy and fear mongering from environmental activists, myriad valuable products are disappearing from the marketplace. Walmart, Proctor & Gamble, and…
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