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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Six Painless Ways to Cut Federal Red Tape
President Obama signed an Executive Order this week that will initiate a "government-wide review of the rules already on the books to remove outdated regulations…
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EPA to Re-Brand Mortality Risk Reduction
A recent paper published by the EPA provides up to date governmental thoughts on attempts to put a value on a statistical life (VSL)…
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Morning Media Summary
Tech: FCC signs off on Comcast’s bid to control NBC Universal: “Federal regulators signed off on Comcast Corp.’s bid to control NBC Universal,…
AOL News
6 Painless Ways to Cut Federal Red Tape
In this age of trillion-dollar budgets, deficits and stimulus packages, taxes and spending get all the press. But while the $3.5 trillion federal budget…
Wall Street Journal
Move Reflect Shift In Presidents Tone
The Wall Street Journal discusses regulations and executive orders with Wayne Crews. He didn't disavow the Dodd-Frank Act nor his new health-care law,…
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Reform Wetlands Policies
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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