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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Op-Eds
“I Love Humanity; It’s People I Can’t Stand”
This is part 2 of a two-part series. To read part 1, please click here.<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” />…
Op-Eds
The Broadcast Indecency Playground
Sticks and stones may break my bones but words will never hurt me—we’ve all heard that phrase before. It’s often said by children who are…
News Release
Broadcast Update on Issues in the News
Contact for Interviews: <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Richard Morrison, 202.331.2273 …
Op-Eds
Refining the Battle Against High Gas Prices
Everyone knows that <?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />America imports more than half of the oil it uses, but few are…
Op-Eds
The Rocky Road to Biotech’s Success
The first Earth Day celebration, conceived by then-US Senator Gaylord Nelson, was held in 1970 as a “symbol of environmental responsibility and stewardship.” In the spirit…
Op-Eds
Time to Get Tough on Telecom Regulatory Reform
The FCC is not subject to any sort of mandatory “three strikes” law as are some criminals. But maybe there is justification for an equivalent…
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