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.
Featured Posts
News Release
Biden’s ‘Modernizing Regulatory Review’ Executive Order Will Undermine Review
President Biden yesterday issued an “Executive Order on Modernizing Regulatory Review,” by which “modernizing” apparently means undermining transparency and disclosure and pushing a radical…
Blog
This Week in Ridiculous Regulations
Finland, which borders Russia, is joining NATO. Former President Donald Trump was indicted by a grand jury. Meanwhile, agencies issued new regulations ranging…
Forbes
The “Guidance Out Of Darkness Act” Is The Low-Hanging Fruit Of Regulatory Reform
We often marvel that we don’t actually know how many federal agencies exist. And the number of “commissions” and programs (many expired…
Search Posts
The Washington Examiner
Warning: Biden’s Costly Overregulation Turns ‘Extreme’
The Washington Examiner cites Vice President for Policy and Senior Fellow Wayne Crews on President Biden’s Trucking Action Plan and Vice President Kamala Harris’ federal…
National Review
If You Really Want Broad-Based Prosperity, Dismantle the Regulatory State
National Review cites Vice President for Strategy Iain Murray on dismantling the regulatory state: So argues Iain Murray of the Competitive Enterprise Institute in …
Law & Liberty
Dismantling the Regulatory State
Samuel Gregg’s lead article adroitly sketches the opportunities and obstacles to America building a broad-based economy, but I want to focus on one particular…
Forbes
Biden’s $5.79 Trillion 2023 Budget Proposal Would Also Expand Regulation
A billion here and a billion there, as the old saying went, would eventually add up to real money. Not so much…
The Washington Examiner
Biden Regulating ‘Wokeness’ and Socialism into Federal Policy: Expert
The Washington Examiner cites Vice President for Policy Wayne Crews’ report on Biden’s government equity agenda: “Biden’s ‘whole of government’ equity agenda takes today’s…
The Washington Examiner
Stymied in Senate, Biden Sets Off ‘Big Bang’ of Regulations
The Washington Examiner cites Vice President for Policy Wayne Crews on President Biden’s increased regulatory program proposals: In opening the regulations spigot, he is…
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