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: 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…
Blog
Free the Economy podcast: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
Blog
The week in regulations: Drone settlements and gambling losses
The 2026 Federal Register topped 20,000 pages. President Trump got into a feud with the Pope. Agencies issued new regulations ranging from mail standards to…
Search Posts
Forbes
The Consumer Electronics Show and Public Policy: Can There Be Separation of Tech and State?
The buzz and pre-show anticipation have begun for the 2018 Consumer Electronics Show(#CES2018) hosted by CTA, the …
Reason
Regulations at ‘Lowest Count Since Records Began Being Kept in the Mid-1970s’
Reason covers year-end analyses of deregulation under President Trump. As the economy and stock market continue to chug along nicely, many analysts and presidents are giving…
The Hill
Media Distracts and Downplays Trump’s 2018 Agenda
Writing for The Hill, Corey R. Lewandowski cites Wayne Crews on Trump’s regulatory numbers. The media loves to talk about scandals, Russia, and …
The Hill
How Trump’s Second Year Can Top His First
Writing for The Hill, Merrill Matthews cites Wayne Crews’ Red Tape Rollback. President Donald Trump had a big job ahead of him when he…
Blog
The 2018 Unconstitutionality Index: 28 Federal Agency Rules for Every Law Congress Passes
Even when an administration tries to cut regulation, the number of rules from hundreds of federal agencies will vastly outstrip the number of laws Congress passes.
Forbes
Warning Signs: Will Federal Agencies Derail Trump’s 2-for 1 Deregulatory Agenda?
In mid-December, the Trump administration touted success exceeding its one-in, two-out regulatory goals for managing on-the-books regulations, achieving instead a one-in, 22-out ratio. These goals had…
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