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
National Review
From Munitions Shortage to Ebola, Dodd–Frank Minerals Measure Makes Things Worse
A scan of news headlines warns readers of two seemingly unrelated dangers around the globe. One is a potential shortage of missiles, interceptors, and…
Blog
The week in regulations: School libraries and sport pilots
The Federal Reserve raised interest rates. Congress passed a Russia sanctions bill that gives President Trump more tariff authority. Agencies issued new regulations ranging…
Blog
Free the Economy podcast: The Overton Window with James Hohman
In this week’s episode we cover Treasury yields, oil prices, US-China-Taiwan security policy, and Trump’s $5,000 dividend checks. Our…
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Blog
This Week in Ridiculous Regulations
As the reality television drama in Washington continues to unfold, regulatory agencies pushed the 2017 Federal Register past the 35,000-page mark and issued 75 new…
Las Vegas Review-Journal
EDITORIAL: Donald Trump Makes a Bit of Headway on Regulatory Relief
Las Vegas Review-Journal cites 10,000 Commandments by Wayne Crews. It would take years to significantly erode a federal regulatory state that has…
Blog
This Week in Ridiculous Regulations
As summer marches on, regulatory agencies issued more than 60 new regulations in the last week.
Forbes
How Is Trump’s “One-In, Two-Out” Policy On Federal Regulations Going?
The Trump White House has just published the “Spring” 2017 Unified Agenda of Federal Regulatory and Deregulatory Actions. The Unified Agenda is the federal…
Blog
Restore Economic Opportunity by Repealing Occupational Licensing Rules
To increase growth, we need to get rid of some of the unnecessary barriers to economic opportunity that have arisen in recent years – such…
Blog
Resolution of Disapproval of CFPB’s Arbitration Rule Is Long Overdue
This week, the House of Representatives is scheduled to consider a joint resolution of disapproval (H.J. Res. 111) of a controversial new regulation issued…
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