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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E-Verify: Opening The Door For More Regulations
President Obama and the Gang of Eight senators want E-Verify -- the electronic employment verification system -- included in any comprehensive immigration reform proposal this…
Blog
Progressives Should Be Wary Of A Minimum Wage Increase
Over at the American Spectator, I argue that progressives should look elsewhere for ways to help the poor:…
News Release
REINS Act Introduced in Senate
Washington, D.C., February 28, 2013 — This week, Sen. Rand Paul introduced the Senate version of the Regulations from the Executive in Need of…
The American Spectator
At Minimum, a Big Loser
President Obama brought the minimum wage debate back into the news in a big way in his State of the Union address, when he proposed…
Townhall
Government Spending Hurts People
Every day Americans from all walks of life deal with petty tyrannies and worse from federal bureaucrats. And the economic costs of complying with all…
Townhall
Report finds that EPA & FCC regulations are costing Americans big time
Between the EPA and the FCC, government regulations are costing Americans close to the tune of $495 billion, according to a new report from the…
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