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
The week in regulations: Waters of the United States and ASCII formatting
The country reflected on the 25th anniversary of the September 11, 2001 terrorist attacks. President Trump promised a $5,000 check to every American adult…
Blog
The week in regulations: Honey taxes and airline delays
August’s job numbers were better than expected. President Trump threatened to cut off trade to all nations that export more to America than they…
Washington Examiner
It took 410 days to build the Empire State Building. Today, the EPA wouldn’t even pass the blueprint
When Congress gets back from its August recess, bipartisan permitting reform talks are expected to continue. There’s no reason…
Search Posts
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…
The Daily Caller
Trump Continues Successful Deregulatory Blitz with Repeal of CFPB Rule
In an op-ed for The Daily Caller, Edward Woodson cites “10,000 Commandments.” The stock market is booming. Unemployment beneficiary numbers have fallen to a …
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