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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National Review
From Munitions Shortage to Ebola, Dodd–Frank Minerals Measure Makes Things Worse
A scan of news headlines warns readers of two seemingly unrelated dangers around the globe. One is a potential shortage of missiles, interceptors, and…
Blog
The week in regulations: School libraries and sport pilots
The Federal Reserve raised interest rates. Congress passed a Russia sanctions bill that gives President Trump more tariff authority. Agencies issued new regulations ranging…
Blog
Free the Economy podcast: The Overton Window with James Hohman
In this week’s episode we cover Treasury yields, oil prices, US-China-Taiwan security policy, and Trump’s $5,000 dividend checks. Our…
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Blog
New #NeverNeeded Paper: Regulatory Reform
Regulatory reform is one of the most important policy responses to the COVID-19 crisis. Removing obstacles to health care can save lives. Removing barriers against…
Study
How to Make Sure Reformed #NeverNeeded Regulations Stay That Way
Policy makers at all levels of government have waived more than 600 regulations in response to the COVD-19 crisis.[1] Those rules were…
Blog
The E.O. 13891 Guidance Document Portal: An Exercise in Utility
Federal agencies have been required by Executive Order 13891 to create “a single, searchable, indexed database that contains or links to all guidance documents in effect.” Agencies…
Blog
This Week in Ridiculous Regulations
The USMCA trade agreement came into effect on July 1, and three states increased their minimum wages. The unemployment rate went down to 11.1 percent.
Blog
Trump’s Regulatory Reform Agenda by the Numbers, Summer 2020 Update
The administration released the Spring 2020 Unified Agenda of Federal Regulatory and Deregulatory Actions. Its purpose is to lay out regulatory priorities of the federal…
Forbes
How Donald Trump Has Cut Regulation – But Also Added It
Spending control and deficit restraint are indispensable to a nation’s stability and long term economic health. Before the economic lockdown, federal debt service was…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist and Director of Publications
- 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