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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Blog
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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Blog
We Wouldn’t Have Teaparties If It Wasn’t For Rentseeking
Those who say we tried the free market and it failed should research the history of the Boston Tea Party a little. We didn’t even…
Newsletter
Tax Day Protests, Small Car Safety and Union Organizing
People across the country gather to protest high taxes and excessive government spending. A new crash test study finds that smaller cars are especially vulnerable…
Blog
A National Anthem for April 15
As Tea Parties brew across the land today, I’m reminded of the infamous “Tax Poem” chain email, or, spam, if you like. Set to music…
Op-Eds
1,000,000 Tea Bags Find a Home
After park officials turned away Tea Party protesters' 1 million tea bags, the press conference was moved to the Competitive Enterprise Institute. We were happy…
Newsletter
Justice Ginsburg’s Inconsistency, the Continuing Pirate Threat and Tax Day Tea Parties
Justice Ruth Bader Ginsburg defends the use of foreign legal codes in deciding U.S. Supreme Court verdicts. Somali pirates renew their attacks, seizing four new…
News Release
April 15th Tax Burden Worsened by Hidden Taxes
April 15th Tax Burden Worsened by Hidden Taxes Americans Hit by Excessive Federal Regulations, Threatened by New Energy Rationing Washington, D.C., April 14,…
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