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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Obama’s Regulatory Reform: The Costs of Benefits
My colleagues commented above on the Cass Sunstein lecture at the American Enterprise Institute called "Regulatory Look-Back: A First Look," about agency's supposed eagerness to…
Blog
Avastin and Breast Cancer: The Median is Not the Message
The New York Times ran an op-ed yesterday by oncologist Frederick Tucker urging the Food and Drug Administration to stand by…
Blog
Deregulatory Baby Steps
In a welcome move, the White House announced this morning that a review of regulations by government departments had found 30 (count 'em) regulations…
Blog
Sunstein and Obama, Deregulators?
Winston Churchill observed that "Americans can always be counted on to do the right thing...after they have exhausted all other possibilities." We may finally be…
Reuters
Revamped Vehicle Fuel Economy Stickers Add GHG, Savings Data
PJ Media
The Price of Beauty: Chemicals in My Cosmetics?
I am not a morning person, but every day a host of personal care products — from toothpaste to mascara — help me transform…
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