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…
Search Posts
The Daily Mail
The Race Is On for Slice of Lucrative US Gambling Pie
The Daily Mail cited Michelle Minton on the conditions which observers ought expect will rise across different states concerning the management and taxation of online…
Op-Eds
Next-Level Prosperity: Explaining And Reversing Declining Entrepreneurship Rates
One of the consequences of aging populations in the West that may sometimes not be fully incorporated into public policy is that the pool of folks inclined…
Watchdog
U.S. Supreme Court Opens Door For States To Allow Sports Betting
Watchdog cited Michelle Minton on the financial benefits to states on the deregulation of online sports betting, and on the stained-glass landscape which people should…
The Hill
The Flip Side of Tax Reform: Federal Spending Reform
The Hill cited Clyde Wayne Crews on the annual cost which federal regulations impose on Americans, the cost of which amounts to ten percent of our…
SFGate
Trump, Top Car Executives Meet Amid Struggle Over Climate Rules for Automobiles
SFGate cited Myron Ebell on the need for diversification in motor vechicle standards in order to suit the diverse needs of Americans living across the…
Natural Product Insider
‘Made in the USA’ Claims: Handle With Care
Natural Product Insider cited the Competitive Enterprise Institute on the financial benefits to businesses caused by deregulation during the Trump Administration so far. …
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