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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Free the Economy podcast: Affording the American Dream with Akash Chougule
In this week’s episode we cover what’s making housing so expensive, the common good of the Constitution, and more jawboning…
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The week in regulations: Mailing live animals and crash test dummy comments
A Trump administration envoy to Russia called Vladimir Putin a humanitarian. The Justice Department announced it will sue if the Republican Senate candidate in…
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Free the Economy podcast: The Grim Old Days with Chelsea Follett
In this week’s episode we cover global energy security, a new lawsuit against Section 338 tariffs, and fresh talent in…
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This Week in Ridiculous Regulations
Last week’s big stories included a thickening impeachment plot, Energy Secretary Rick Perry’s resignation, and a letter written to the president of Turkey. In a…
Daily Torch
Trump Keeps Promise to Cut Regulations, Make Them More Reasonable and Less Costly
Daily Torch cites Vice President for Policy and Senior Fellow Wayne Crews on regulatory dark matter: The Vice President for Policy at the…
Forbes
New Trump Orders: Guidance Should Be a Shield, Not a Sword
Forbes cites Vice President for Policy and Senior Fellow Wayne Crews on regulatory dark matter: These actions are the latest attempt to ensure…
The Washington Times
Trump Executive Orders Curtail Union Business on the Taxpayer Dime
Imagine each working day, federal employees report for work but do not perform any governmental duties. Instead, they work for a private enterprise void of…
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This Week in Ridiculous Regulations
The latest Mad Libs-style political feud involves the NBA, the television cartoon South Park, and the Chinese government. President Trump also issued a pair of…
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President Trump Signs Executive Orders to Improve Use of Guidance Documents
President Donald J. Trump on October 9th signed two executive orders (EOs) intended to improve and limit the use of guidance documents. This is good,…
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