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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Obama Imposes Billions In Costs On Taxpayers In Order To Prevent Legally Required Disclosures
Yesterday, ABC News reported that "Defense contractor Lockheed Martin heeded a request from the White House . . . one with political overtones – and announced…
Fox Business
Winning the Presidential Debate with Regulation
Presidential debates are where the candidates try to show the average likely voter they know what he or she wants better than the other guy.
Blog
Regulating Outside The Rules
The federal regulatory process is a complicated thing. As with any complex body of law, there are loopholes that agencies can exploit.
Blog
Lose The Helmet Already
So now we’re down to safe v. healthy. The “safe” approach to riding a bike is to wear a helmet, according to the Nanny Statists…
Washington Times
Regulations and Rules Equal Broken Government
When President Obama and Mitt Romney are jousting about taxes during their Wednesday night debate, one or both candidates might correctly point out that the…
Washington Times
Regulations and rules equal broken government
From Wayne Crews and Ryan Young's op-ed in The Washington Times: The first is “sue and settle.” Agencies like the EPA work closely…
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