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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Sun-Sentinel
Five ways President Trump could jump-start economic growth
Too many Americans feel left behind by the weak economic growth and diminished job opportunities under the Obama administration. Too many people have seen their…
Blog
Free Market Opportunities for the Trump Administration
This election has given us one more demonstration that knowledge is dispersed and “trusting the experts” to know the future is foolish. The unexpected success…
Blog
Federal Register Hits 5th Highest Ever Count, Days from All-Time High
We’ve documented here throughout November that the Federal Register is steamrolling through 2016, Obama’s final year.
Forbes
How President-Elect Donald Trump Can Fast-Track Deregulation And Wealth Creation
On this, the day after the election of Donald J. Trump as the 45th president (yes, he has already updated his Twitter profile), President…
Blog
This Week in Ridiculous Regulations
The Federal Register continued its record pace last week, with Friday’s edition alone having 1,177 pages.
Washington Times
Executive orders, pardons, ‘midnight’ regulations expected as Obama presidency draws to close
The Washington Times discusses the number for federal regulations passed during the Obama administration with Wayne Crews. In 2015, after Republicans won control…
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