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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PGRI
Supreme Court Decision Could Open Door for Sports Betting in Pennsylvania
PGRI cited Michelle Minton on the liklihood that judges will overturn the federal sports betting ban on behalf of the state of New Jersey. …
PRWeb
Take Off the Veneer of Certainty On Climate Change Science Says Friends of Science Society
PRWeb cited Rupert Darwall on the need for reanalyzing climate ideology based on scientific uncertainty and the politicization of scientific evidence surrounding the climate debate.
Newsmax
Mulvaney Must End CFPB’s Big Brother Role
Just after Thanksgiving, when the drama of the dueling directors began at the Consumer Financial Protection Bureau (CFPB), I told The Washington Examiner that the new…
FEE
Blockchain Technology Requires Permissionless Innovation to Flourish
Blockchain has been hitting the headlines recently. Once regarded as a niche interest for technologically experienced libertarians and other computer nerds, cryptocurrencies like Bitcoin are…
Forbes
Trump Administration Releases Updated Regulatory Cost-Benefit Report
Benefits of federal regulation are supposed to exceed costs. How much review of federal regulation happens to assure that’s the case? The annual (sort of) Report…
Investor's Business Daily
Trump’s Deregulation Binge Is Lightening The Economy’s Load
Investor’s Business Daily cited Clyde Wayne Crews on the extent of the impact which the Trump adminstration’s deregulatory stance is having on the nation’s economy. …
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