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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The Washington Times
Protecting Consumers from Fraud and Abuse
Following Richard Cordray’s resignation as director of the Consumer Financial Protection Bureau (CFPB), the smart money is betting that President Trump will appoint Mick Mulvaney, head…
The Washington Post
This group thinks Trump hasn’t done enough to unravel environmental rules. Here’s its wish list.
The Washington Post quoted Myron Ebell on the failings of the personnel process within the EPA as being a major cause of dysfunction for the…
Washington Examiner
Payday-loan borrowers need protection from the poorly-named Consumer Financial Protection Bureau
In an epic, down to the wire vote last week Congressional Republicans narrowly overturned a regulation that would have enriched lawyers at the expense of…
Townhall
Beware the Dangers of Online Gambling Says Wildly Rich, Totally Uninterested Casino Owner
Townhall cited Michelle Minton on the fact how at least one-percent of gamblers, no matter the restrictions or type of gambling, they will develop a…
Reason
Self-Driving Cars Will Make Most Auto Safety Regulations Unnecessary
Reason quoted Marc Scribner on the necessity of pragmatism which should be utilized to expedite the implementation of self-driving cars before federal auto regulators idealistic…
Reason
Trump’s ‘Deregulatory’ Juggernaut’?
Reason quoted a report by the Competitive Enterprise Institute on the success of the Trump administration in enacting deregulatory reforms. “While the Republican…
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