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: Pension politics with Jarrett Skorup
In this week’s episode we cover more legal headaches for the Trump tariffs, keeping kids safe in an AI world, and California’s…
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The week in regulations: Fluid milk options and battleship safety zones
The Court of International Trade struck down President Trump’s Section 122 tariffs. The labor force shrank by 92,000 people over the last year. Agencies issued…
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Free the Economy podcast: Highway robbery with David Ditch
In this week’s episode we cover how to make the moral case for capitalism, affordable housing via regulatory reform, and tracking…
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One News Now
Trump’s pen erases trade agreement
One News Now discusses regulatory reform under the Trump administration with Ryan Young. President Trump also made headlines late Friday for a presidential…
Blog
This Week in Ridiculous Regulations
The final pre-inauguration Federal Register was 1,464 pages long. A normal day’s edition is roughly 300 pages. Since there is a lag time of a…
Library of Law and Liberty
Regulatory Reform: A Few (Not So) Easy Pieces
Library of Law and Liberty discusses midnight regulations from the Obama administration with Wayne Crews. Yes: you can dismiss REFORM as starry-eyed. It…
Blog
DeVos Hearing Generates Misleading Attacks on Civil Liberties Group FIRE
Betsy DeVos, who was recently nominated to be the next Secretary of Education, has been attacked because she and her husband reportedly made donations to a civil-liberties…
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Where Have All the Startups Gone? New Research from eBay and EIG
Recently eBay’s public policy team here in Washington, D.C. presented a fascinating program on economic growth and new business start-ups.
Study
Resale Pricing in the Contact Lens Industry
View Full Document as PDF More than 30 million Americans wear contact lenses. In recent years, contact lens technology has improved, offering…
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