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
Inside Sources
Lawmakers Can Help Boost Virginia’s Economic Dynamism with a Regulatory Sandbox Program
As Virginia’s economy recovers from the COVID-19 pandemic, state lawmakers are looking for ways to attract businesses and promote technological innovation. However, many entrepreneurs and…
Forbes
State & Federal Officials Move to Regulate & Even Ban PFAS Chemicals, But Many Wonder if that Makes Sense
Forbes cites Vice President for Policy Wayne Crews on the cost of federal regulations: Federal regulations cost employers, workers, and consumers nearly $2…
The Doug Collins Podcast
AUDIO: How the Government Regulates Every Room in your House: From Shower Heads to Dishwashers
Senior Fellow Ben Lieberman joins The Doug Collins Podcast to discuss regulations in households: Click here to read more.
The Washington Examiner
Regulatory Costs Soar as Biden Adds Rules Faster Than Predecessors
The Washington Examiner cites Vice President for Policy Wayne Crews on Biden Administration regulations: In a broader sense, Wayne Crews, vice president for policy…
Reason
Lawsuit from Former Students Alleges Financial Aid Price Fixing at Elite Universities
Reason cites Vice President for Strategy Iain Murray on how federal regulations affect student loans: Iain Murray, the vice president for strategy at the…
News Release
Inflation Hits 40 Year High, but Policymakers Can Fix It
Inflation is up, again, the Bureau of Labor Statistics reports today. The Federal Reserve has a clear job to do, but Congress and President…
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