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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Record Federal Income Tax Receipts Still No Match for Cost of Regulation
Corporate income taxes collected by the U.S. government, estimated as noted at $278 billion for 2017, are dwarfed by regulatory costs.
Study
Rethinking the Department of Commerce
View Full Document as PDF The Department of Commerce’s mission statement is a charter for government interference in markets. It employs 47,000…
Blog
Happy India Independence Day
Today is the 70th anniversary of India’s independence from the United Kingdom, and the nation of 1.3 billion people has seen dramatic economic and social…
Forbes
Warning: Federal Government Deems Fidget Spinners An “Emerging Hazard”
Don’t eat your fidget spinner. I guess that’s what the Consumer Product Safety Commission (CPSC) is trying to tell us now.
News Release
Improving Job Numbers Emerge but Damaging Regulations Remain a Problem
The U.S. economy added 209,000 jobs in July and the unemployment rate declined to 4.3 percent, the lowest since March 2001, according to the U.S.
Morning Consult
Trump Administration Hits Snags in Effort to Halt Environmental Rules
Morning Consult discusses deregulatory happenings at the EPA with Myron Ebell. While the Trump administration has been aiming to make good on promises…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
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Ryan Young
Senior Economist
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
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