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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Dallas Fed’s Fisher And CPAC’s Fishy Too-Big-To-Fail Event
If the Conservative Political Action Conference’s (CPAC) organizers wanted a speaker or panel on the causes of the financial crisis and what to do about…
Blog
Lobbying Can Be A Great Investment
Not only did health insurers convince the government to require everyone in the country to buy their products, now their premiums will go up sharply,…
Blog
A Balanced Budget Isn’t The Primary Goal
Over at the Daily Caller, Wayne Crews and I take a look at Rep. Paul Ryan's proposed budget, the Path to Prosperity. While it would…
Forbes
Bee-ing Smart: Regulators Must Distinguish Activists’ Bad Dreams From Actual Evidence
Important technologies commonly face opposition from various quarters – often from vested interests, societal Chicken Littles or overly precautionary regulators. Examples include vaccination, fluoridation of…
Blog
Will Regulators Fail To Learn From The Past Mistakes Of U.S. Railroad Regulation?
The history of U.S. railroads provides an interesting case study on federal regulation. They were the first sector of the economy to come under heavy…
Blog
Should Agencies Be Self-Funded?
If an agency is doing a poor job pursuing its mission, it needs to be held accountable; there is a reason Congress holds the power…
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