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: Marine terminal fires and marijuana rescheduling
The Federal Reserve held interest rates steady, and outgoing Chairman Jerome Powell will remain on the Fed’s Board of Governors when Kevin Warsh takes over.
Blog
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…
Blog
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…
Search Posts
Yahoo News
The Alarming Cost Of Climate Change Hysteria
Yahoo News discusses an estimate of the costs of federal regulations from Wayne Crews's study. The Small Business Administration estimates that compliance with…
Blog
Deregulate the Practice of Law to Promote Justice and Create Jobs
It's time to deregulate the practice of law, write Clifford Winston and Robert W. Crandall of the Brookings Institution in The Wall Street…
Blog
A Letter to the Editor about Natural Rights and the Cuban Economy
In an editorial last week Mary Anastasia O’Grady wrote about a supposed “economic revolution” happening in Cuba. It seems the Cuban government has just liberated…
Business Insider
$38 Billion-Worth Of Red Tape Choking Businesses
Business Insider mentions Wayne Crews's study on the size of the federal regulatory burden. U.S. businesses continue to deal with the unintended consequences…
Blog
Lemonade Freedom Day Is Tomorrow
Tomorrow, parents and children across the country will set up lemonade stands in their neighborhoods. And they’re going to do it without getting licensed, inspected,…
Blog
Regulation Roundup
In Delaware, it is a felony to wear a disguise while committing a felony, plus more.
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