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: The business of Federalism with Derek Kreifels
In this week’s episode we cover childcare in the 50 states, how to fix rising healthcare costs, the new Institute for…
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The week in regulations: Pipeline safety and NFL Draft security
Federal Reserve Chair nominee Kevin Warsh had his confirmation hearing, and President Trump dropped his criminal investigation into Jerome Powell. The government is poised to…
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Free the Economy podcast: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
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The Washington Examiner
Trump Budget Chief Shuts Down Consumer ‘Protection’ Bureau ‘Slush Fund’
The Washington Examiner covers the review of the Consumer Financial Protection Bureau’s ‘slush fund.’ An educational “slush fund” used by the Consumer Financial Protection…
Blog
All Agency Guidance Invalid Unless Submitted to Congress
We urgently need a catalog of guidance documents that were actually submitted to Congress and the Government Accountability Office as required. …
Forbes
The Consumer Electronics Show and Public Policy: Can There Be Separation of Tech and State?
The buzz and pre-show anticipation have begun for the 2018 Consumer Electronics Show(#CES2018) hosted by CTA, the …
Reason
Regulations at ‘Lowest Count Since Records Began Being Kept in the Mid-1970s’
Reason covers year-end analyses of deregulation under President Trump. As the economy and stock market continue to chug along nicely, many analysts and presidents are giving…
The Hill
Media Distracts and Downplays Trump’s 2018 Agenda
Writing for The Hill, Corey R. Lewandowski cites Wayne Crews on Trump’s regulatory numbers. The media loves to talk about scandals, Russia, and …
The Hill
How Trump’s Second Year Can Top His First
Writing for The Hill, Merrill Matthews cites Wayne Crews’ Red Tape Rollback. President Donald Trump had a big job ahead of him when he…
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