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: Safe explosives and baker’s yeast
President Trump proposed an export ban on diesel fuel. Mortgage rates topped 7 percent. Agencies issued new regulations ranging from bank mergers to window…
Blog
Free the Economy podcast: Gen Z capitalism with Sam Raus
In this week’s episode we cover how data centers power our lives, how modern technology is fueling family togetherness, and the…
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…
Search Posts
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