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
Free the Economy podcast: Real-world economics with Paul Mueller
In this week’s episode we cover spiraling health care costs, reforming state-level regulations, and how to keep asset managers accountable…
Blog
The week in regulations: Safe explosives and baker’s yeast
President Trump proposed an export ban on diesel fuel. Mortgage rates topped 7 percent. Agencies issued new regulations ranging from bank mergers to window…
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Free the Economy podcast: Gen Z capitalism with Sam Raus
In this week’s episode we cover how data centers power our lives, how modern technology is fueling family togetherness, and the…
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The Hill
Under Trump, Focus Shifts to Scrapping Regulations
The Hill discusses deregulation under President Trump with Wayne Crews. Federal agencies have shifted their focus under the Trump administration from writing regulations…
Blog
Federal Government Finally Powers Down on Y2K Crisis
Regulating new technologies is especially risky. The high-tech sector is an evolving frontier. Frontiers are always a bit chaotic, and it is inherent in their…
NPR
Trump Administration Gives Industry More Time to Adopt New Nutrition Fact Label
NPR covers the FDA’s decision to delay an Obama-era menu labeling rule. The Food and Drug Administration has delayed the deadline for food…
Blog
A Birthday Wish List for the President
Here are four gifts Congress should give the president before its annual July 4th recess.
Blog
The Key to Prosperity in the Southern Hemisphere and around the World
We have the potential to put developing economies on a path to avoid the mistakes made in America and among our European friends.
Reason
Trump Can Gut Obama-Era Labor Regs Because They Were Never Meant to Last
Reason covers the Secretary of Labor Acosta’s decision to eliminate independent contractor rules. Eliminating a set of Obama administration rules for independent contractors…
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