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
The week in regulations: Bone void filler and halibut action
May’s job numbers were strong for the third month in a row, though job growth since Liberation Day remains under 100,000, for a labor force…
Blog
Free the Economy podcast: State budgets and bailouts with Thomas Savidge
In this week’s episode we cover promising new classroom technology, increasing productivity (and avoiding layoffs) with AI, and the repeal of the…
Blog
The week in regulations: Onion marketing and refrigerator leaks
PCE inflation, which the Federal Reserve uses for its interest rate decisions, rose to 3.8 percent, nearly double the Fed’s 2.0 percent target. President Trump…
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The Hill
New President, New (Anti-)Red Tape Agenda
Federal regulators issue thousands of regulations every year. Decrees range from the Environmental Protection Agency’s gargantuan Clean Power Plan and “Waters of the United States”…
Forbes
Obama White House Releases Final Cost Of Regulation Report
The day before Christmas Eve, the White House Office of Management and Budget (OMB) released the 2016 Draft Report to Congress on the Benefits…
Forbes
Coal In The Stocking – Obama Regulatory Rulebook Breaks Record By 13,000 Pages
When I was a kid, Dad always told my sister and me that if Santa Claus caught us awake on Christmas Eve, he’d put pepper…
Reason.com
For Trump And Icahn, Experts Say Regulatory Reform Should Be More Than a Numbers Game
Reason.com discusses regulatory reform under the Trump administration with Wayne Crews and Kent Lassman. To get below the surface, Trump’s team could look…
Washington Times
One Obama executive order that makes sense
The Washington Times discusses regulations from the Obama administration with Wayne Crews. In retrospect, it’s easy to surmise that Mr. Obama’s executive order…
The Hill
Trump plots two-for-one assault on Obama regs
The Hill discusses with Wayne Crews a plan from President-elect Donald Trump that would eliminate two regulations for every new rule issued. It’s unclear…
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