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
Regulatory Reform in the 118th Congress: Separation of Powers Restoration Act
The separation of powers is a key aspect of American government. To decentralize power and ensure checks and balances, the Founders divided the federal government…
City Journal
Roll It Back
Medicaid, the federal-state entitlement for the poor, now provides health insurance to more than one in four Americans. Enrollments surged after the Affordable Care Act…
Blog
This Week in Ridiculous Regulations
An Executive Order from the Biden administration made some of the biggest system-level regulatory changes in years. It raises the threshold for “economically significant”…
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The Hill
Credit Trump For Boosting Business And Fueling Our Economic Growth
Andy Puzder, writing in The Hill, cites Wayne Crews’ “10,000 Commandments.” Progressive Democrats are in a tough spot. It is increasingly difficult to ignore that…
InsideSources
Counterpoint: One Year Post-Election: Grate Again, Great Again
It’s now one year since the election of Donald J. Trump as our nation’s president. Is America “great again”? The election certainly did make America…
Forbes
The Significance of Sen. Al Franken’s Call to Impose Net Neutrality on Google, Facebook and Amazon
Antitrust and technology market regulatory interventions are staging a comeback, even in the era of President Donald Trump’s push for broad…
Blog
Experimental Tech Helps Get Puerto Rico’s Telecom Services Back on Line
The freedom to try something without getting explicit and advanced permission from regulators is what allows innovations to be tried, tested, and either integrated or…
Reason
Trump’s Deregulatory ‘Juggernaut’?
Reason cites Wayne Crews’ “Red Tape Rollback.” “While the Republican machine that emerged from the 2016 election may be sputtering on other fronts,” The Wall Street…
Forbes
The Internet of Things Wants to Know Where Its 5G Is
A major pledge of the Trump Administration was cutting red tape and boosting America’s infrastructure. Ten months in, there are lots of moving parts to…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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