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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Op-Eds
Wave of Regulations Will Follow Tsunami of Federal Spending
On top of the $2 trillion in tax revenues the government now collects, agencies issue more than 4,000 yearly regulations. Costing some $800 billion annually, regulations…
Study
Send Me No Files: Senate INDUCEs a Threat to the Future of Information Technology
Please copy and share this article, download some music files, and photocopy your favorite chapters from Bill Clinton’s new book. It’s fun: Just do it!…
Op-Eds
Reformers are too Willing to Turn a Blind Eye to Liberal Fixes for our Economic Problems
Sirs, Your edition of July 6 features two distinct columns that demonstrate a persistent neglect of economic liberalisation as a way of resolving societal…
Study
Spitzer Strains out Grasso While Swallowing Camels
Full Document Available in PDF Recently, New York Attorney General Eliot Spitzer…
Publication
A More Creative and Productive World
Full Document Available in PDF I’m grateful to all of you for…
Publication
Ronald Reagan, Freedom’s Champion
Full Document Available in PDF Former President Ronald Reagan’s passing has prompted innumerable words about…
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