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: Taxing the rich with Jared Walczak
In this week’s episode we cover America’s low-income churn, reforms to civil asset forfeiture, changes to vehicle emissions testing, a shout…
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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…
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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…
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The Hill
The poor suffer most from runaway regulation
The Hill cites Wayne Crews's calculated cost of federal regulation from his annual Ten Thousand Commandments report. Regulatory costs, which inevitably are passed…
InsideSources
A New President Needs a New Red Tape Agenda
Federal regulators issue thousands of rules and regulations every year. Decrees range from the Environmental Protection Agency’s gargantuan Clean Power Plan and “Waters of the…
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How a New President Can Roll Back Bureaucracy, Part 8: Transparency Report Cards
Improving disclosure and transparency for regulatory output and trends is one area where a new president can unambiguously undertake unilateral initiatives without statutory regulatory reform.
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How a New President Can Roll Back Bureaucracy, Part 7: Track Regulatory Accumulation
This is the seventh entry in a series on how the next president can reduce the scope of bureaucracy. Earlier installments have addressed a freeze on…
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This Week in Ridiculous Regulations
Agencies issued more than six dozen new final regulations last week, ranging from minerals to dates.
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How a New President Can Roll Back Bureaucracy, Part 6: Enhance Disclosure in ‘Unified Agenda’
There are rules, and then there are rules. Agencies are supposed to alert the public to their priorities in the semi-annual “Regulatory Plan and Unified…
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