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
Study
Permitting Reform for a Freer and More Prosperous Nation
Contents Special Advisors The Importance of Permitting Reform Part 1: 11 Principles for Permitting Reform Part 2: Statute-by-Statute Analysis for Permitting…
Blog
The week in regulations: Carbon nanotubes and colored sausage casings
President Trump enacted new tariffs against more than 60 countries. Some of the Canada tariffs invoke a never-used statute from the 1930 Smoot-Hawley Tariff…
Blog
Evaluating DOGE nearly halfway through Trump’s second term
One week after his victory in the 2024 presidential election, Donald Trump announced that he would create the Department of Government Efficiency (DOGE)…
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Forbes
Biden’s $5.79 Trillion 2023 Budget Proposal Would Also Expand Regulation
A billion here and a billion there, as the old saying went, would eventually add up to real money. Not so…
The Washington Examiner
Biden Regulating ‘Wokeness’ and Socialism into Federal Policy: Expert
The Washington Examiner cites Vice President for Policy Wayne Crews’ report on Biden’s government equity agenda: “Biden’s ‘whole of government’ equity…
The Washington Examiner
Stymied in Senate, Biden Sets Off ‘Big Bang’ of Regulations
The Washington Examiner cites Vice President for Policy Wayne Crews on President Biden’s increased regulatory program proposals: In opening the regulations…
Inside Sources
Lawmakers Can Help Boost Virginia’s Economic Dynamism with a Regulatory Sandbox Program
As Virginia’s economy recovers from the COVID-19 pandemic, state lawmakers are looking for ways to attract businesses and promote technological innovation. However, many entrepreneurs…
Forbes
State & Federal Officials Move to Regulate & Even Ban PFAS Chemicals, But Many Wonder if that Makes Sense
Forbes cites Vice President for Policy Wayne Crews on the cost of federal regulations: Federal regulations cost employers,…
The Doug Collins Podcast
AUDIO: How the Government Regulates Every Room in your House: From Shower Heads to Dishwashers
Senior Fellow Ben Lieberman joins The Doug Collins Podcast to discuss regulations in households: Click here to read more.
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