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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Vast Regulatory Costs of Top-Down National Plans, Agendas, and Legislative Schemes
If government steers in some societal, industrial, or sector-specific endeavor via top-down national plans, agendas, or legislative schemes, it can generate ongoing regulatory costs even…
Blog
This Week in Ridiculous Regulations
Congress is out of session for the next two weeks, and the impeachment investigation will likely dominate headlines for some time to come. Meanwhile, the…
Inside Sources
Air Conditioning – Saving Lives but Getting No Love
Every summer brings heat waves, but recent summers have also brought waves of criticisms about air conditioning. We are told that it is unnecessary, unhealthy and…
Forbes
Will the Regulatory Right-to-Know Act Ever Be Enforced?
For the past two years there's been a big production made of the Trump Administration’s year-end Status Report on the “one-in, two-out” regulatory reduction program. These…
Forbes
What is the Cost of the Permanent Federal Regulatory Bureaucracy?
It is well known that businesses constantly seek favors from government. The phenomenon is called "rent-seeking" by economists, and it gets lots of attention. Elon Musk of…
Blog
This Week in Ridiculous Regulations
The House passed a continuing resolution to avoid a federal shutdown until November 21st. The Senate will likely follow suit this week. The 2019 Federal…
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