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…
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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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St. Louis Post-Dispatch
GOP Attack on Regulations Starting This Week
The St. Louis Post-Dispatch discusses Wayne Crews's report on the size of the federal regulatory burden. Complaints about government overreach are not new,…
St. Louis Post-Dispatch
Will Obama and Congress Slay the Sarbox Job-Killing Monster?
In President Obama’s 33-minute-long speech to Congress on job creation, one sentence was worth nearly all the rest of his 4,000 words. In the…
House Oversight Committee
Broken Government: How the Administrative State has Broken President Obama’s Promise of Regulatory Reform
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H.R. 1909 Brings Competitive Regulation to Small Loan Market
The Summer of 2011 will likely be remembered as a season that overregulation came to a boiling point -- at all levels of the U.S. government.
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Belt Tightening At FAA’s Office of Commercial Space Transportation
Last week the House Appropriations Committee released its draft bill for funding of Transportation, Housing and Urban Development. Of particular note is the appropriation…
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