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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Substantive Reform Must Include Cutting Regulatory Burdens
In today's Investor's Business Daily, Wayne Crews and I argue that reformers shouldn't forget about regulation:…
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Faulty Public Pension Accounting: A Problem too Big to Ignore
One reason the ongoing debate over collective bargaining for government employees has been so loud is that the stakes are so high -- for unionized…
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Supreme Court Refuses the Speedier Route for Health Care Appeal
Monday morning the Supreme Court rejected Virginia Attorney General Ken Cuccinelli's request to speed up the process for a ruling on Virginia's health care appeal.
Blog
Alcohol Regulation Roundup: April 27, 2011
National: Seventeen state attorneys general are asking Pabst Brewing Co. to lessen the alcohol content of its new “Blast” product. Blast, the 12 percent…
Investors' Business Daily
Regulation Cuts Must Be Part Of Serious Reform
Spending reform is all the rage in Washington, with both parties offering proposals to rein in the deficit. President Obama has proposed a mix…
Blog
Regulation: The Hidden Tax
Wayne Crews and I have a piece in today's Sacramento Bee summarizing the main findings of Wayne's "Ten Thousand Commandments" study.
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