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
Blog
Sugarplums or Lumps of Coal? The White House’s 140 Economically Significant Rules
In the White House’s new "Unified Agenda," the administration touts success in surpassing President Trump’s goal to eliminate two regulations for every one adopted.
Investor's Business Daily
Trump’s Deregulation Binge
Investor’s Business Daily covers President Trump’s regulatory reform efforts. With all that was going on last week, maybe you missed this: President Trump has…
Blog
Trump Reviews and Renews Regulatory Rollback Agenda
On December 14, President Trump outlined his administration’s deregulatory achievements to date and regulatory reform goals for 2018. He emphasized the importance of cutting…
Wall Street Journal
Dow 24000 and the Trump Boom
Maria Bartiromo, writing for Wall Street Journal, cites 10,000 Commandments. I’m not in the habit of giving stock tips or making market calls. I’ve never…
Blog
Trump’s New Regulatory Reform Agenda – By the Numbers
Today the Trump administration released the Fall 2017 edition of the twice-yearly Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions, accompanied…
USA Today
No, the Internet Is Not About to Be Destroyed
The headlines regarding the Federal Communications Commission’s upcoming vote on “net neutrality” regulations suggest impending doom. “FCC Is Revving Up to Destroy the Internet…
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