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
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Free the Economy podcast: Regulating finance with James Copland
In this week’s episode we cover the 250th anniversary of Adam Smith’s Wealth of Nations, fighting fraud in broadband deployment, and cutting…
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The week in regulations: Shellfish inclusion and paper manifest sunsets
The labor force shrank by 92,000 jobs in January. Oil prices spiked. Twenty-two state attorneys general filed a lawsuit against President Trump’s Section 122 tariffs.
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Free the Economy podcast: Mississippi renaissance with Douglas Carswell
In this week’s episode we cover housing abundance, capitalism’s approval rating, audits of state finances, and the consumer nostalgia of…
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E&E News
Biden Signals ‘New Direction’ On Regulations
E&E News cites Vice President for Policy Wayne Crews on President Biden’s regulatory review process: Wayne Crews, an analyst at the conservative…
The Washington Examiner
Biden’s Quest to Reverse Trump-Era Environmental Rollbacks Could Take Years
The Washington Examiner cites Director of the Center for Energy and Environment Myron Ebell on regulatory reform and the Biden administration: “Changing…
Forbes
Status Report: What Regulations Did The Trump Administration Eliminate In 2020?
Bookending four years of its infamous one-in, two-out requirement for issuing significant new regulations, the Trump administration quietly just released its status roundup called “…
Washington Examiner
Biden Poised to Be the Biggest Regulator in History
The Washington Examiner cites Vice President for Policy Wayne Crews on regulatory reform: “Biden has signaled in all areas that the Trump…
Forbes
Donald Trump’s Year In Regulation, 2020
Today, Thursday, December 31, is the last federal workday of 2020. This presents the opportunity to review the heft of the Federal Register and its roundup of…
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This Week in Ridiculous Regulations
The 2020 election is finally, mercifully, over. Barring a surprise in the Georgia Senate runoffs, we will continue to have divided government. This arrangement typically…
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