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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Trash Counterproductive Waste Disposal Policies
Liberate to Stimulate Index Many of the nation’s current solid waste policies follow an outdated, politicized, and government-centered model. State and local…
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End Bailouts and Government Ownership in Fannie/Freddie, GM, AIG, and Other Entities
Liberate to Stimulate Index On October 3, 2010, the federal government’s authority under the Troubled Asset Relief Program (TARP) officially expired. Rushed…
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Recognize the Elitist Nature of Anti-Sprawl Measures
Liberate to Stimulate Index For the greater part of the last century, many people have sought the American Dream by raising their…
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Affirm the Role of Property Rights in Water Rights Policies
Liberate to Stimulate Index Battles over limited water supplies in the United States and around the world have long produced conflicts and…
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Reject the Precautionary Principle, a Threat to Technological Progress
Liberate to Stimulate Index Increasingly, governments and environmental activists are demanding that producers of both new and old technologies prove that their…
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Deregulate to Stimulate
Liberate to Stimulate Index When it comes to our economy, how did we get into this mess and how do we get…
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