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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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…
Fox News
Trump’s Tax Bill and Regulatory Reform Will Spark an Economic Boom, Benefiting All Americans
Writing for Fox News, Chuck Devore cites 10,000 Commandments. Historic tax cut legislation that President Trump signed into law Friday will give us the chance to…
The Wall Street Journal
The Great Rules Rollback
The Wall Street Journal covers deregulation under the Trump administration. Amid the debate over tweets and tax reform, perhaps the most significant change brought…
Bloomberg Politics
Trump Stretches Meaning of Deregulation in Touting Achievements
Bloomberg Politics discusses deregulation with Wayne Crews. One is a federal rule, initiated by former President Barack Obama, that removed Yellowstone’s grizzlies from the list…
The Hill
Conservatives Packed 2017 with Victories — Push 2018 Even Further
Writing for The Hill, Carrie Sheffield cites 10,000 Commandments. With a wild 2017 behind us, conservatives looking to 2018 face typical electoral headwinds for a midterm…
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