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
Blog
Free the Economy podcast: Housing abundance and affordability with Luca Gattoni-Celli
In this week’s episode we cover J.D. Vance and the strength of the US dollar, how to track extreme weather events,…
Study
The Protection Paradox
The everyday American expects certain basic services from her government. She expects her roads to be maintained, her mail to be delivered, and her…
Blog
The Regulatory Plan needs a regulatory plan
As the Trump administration’s early emphasis on the Elon Musk-led Department of Government Efficiency, or DOGE, has tapered off, so too has its emphasis…
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Politico
The Radical Idea Behind Trump’s EPA Rollbacks
Politico discusses Trump’s environmental policy with Myron Ebell. The Trump administration isn’t just pushing to dramatically shrink the Environmental Protection Agency, chop a…
The Hill
Under Trump, Focus Shifts to Scrapping Regulations
The Hill discusses deregulation under President Trump with Wayne Crews. Federal agencies have shifted their focus under the Trump administration from writing regulations…
Blog
Federal Government Finally Powers Down on Y2K Crisis
Regulating new technologies is especially risky. The high-tech sector is an evolving frontier. Frontiers are always a bit chaotic, and it is inherent in their…
NPR
Trump Administration Gives Industry More Time to Adopt New Nutrition Fact Label
NPR covers the FDA’s decision to delay an Obama-era menu labeling rule. The Food and Drug Administration has delayed the deadline for food…
Blog
A Birthday Wish List for the President
Here are four gifts Congress should give the president before its annual July 4th recess.
Blog
The Key to Prosperity in the Southern Hemisphere and around the World
We have the potential to put developing economies on a path to avoid the mistakes made in America and among our European friends.
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
