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: Professional fireworks and farmer training
The 2026 Federal Register topped 50,000 pages and is on track to exceed 85,000 pages for the year. The economy lost 23,000 jobs, yet…
Blog
Free the Economy podcast: The Independence Index with Marc Wheat
In this week’s episode we cover the effect of tariffs on car prices, trends in electricity supply and demand, and the…
Blog
The week in regulations: Peach diversion programs and nuclear packages
The Federal Reserve kept interest rates the same, and an increase may be on the way. Economic growth remained below average, and inflation remained…
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The Washington Post
Has the Trump Administration Repealed 22 Regulations for Each New One?
The Washington Post Fact Checker cited Vice President for Policy and Senior Fellow Clyde Wayne Crews on regulatory reform. Clyde Wayne Crews of the…
Forbes
Are Entrepreneurs Creating the Growing Economy, or is the Growing Economy Enabling Entrepreneurs?
It is taken as given that taxation and regulation affect business startups and job creation. However, the many metrics seeking to explain governmental policies' effects…
Blog
This Week in Ridiculous Regulations
The number of new final regulations for the year passed the 2,000 mark, with new rules ranging from cell walls to harpoon fishing.
Blog
This Week in Ridiculous Regulations
The big regulatory news is a proposed loosening of fuel economy standards for cars. This will likely improve safety; lighter cars don’t hold up…
Blog
This Week in Ridiculous Regulations
The economy grew by 4.1 percent last quarter, which is wonderful news. The president also announced $12 billion of subsides for farmers hurt…
Op-Eds
Are Entrepreneurs Creating The Growing Economy, Or Is The Growing Economy Enabling Entrepreneurs?
It is taken as given that taxation and regulation affect business startups and job creation. However the many metrics seeking to explain governmental policies' effects on entrepreneurship probably…
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