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
President’s Fall Policy Update
We have measures and very clear guideposts to tell us if we are on the right path.
RealClear Policy
Why Government Grows Despite the Constitution
Nearly every administration since Reagan has pledged to reduce the size of the bureaucracy or increase government efficiency, but they have all missed the low…
Blog
Senate Bill’s Stealth FIFO Capital Gains Hike Hinders Tax Reform
It’s crunch time on tax reform! The House passed a bill just before Thanksgiving. Now it’s the Senate’s turn. A good tax reform bill would…
The New York Times
Net Neutrality Hits a Nerve, Eliciting Intense Reactions
The New York Times covers the proposed rollback of Net Neutrality regulations. It usually doesn’t take much to get people on the internet worked…
Bloomberg View
Trump Deserves Some Credit for the Rally in Stocks
A. Gary Shilling, writing for Bloomberg View cites Wayne Crews’ “10,000 Commandments.” Reducing government regulation is tough. It’s resisted by all those who benefit, including…
Fox News
Trump’s Assault on the Administrative State Will Benefit America
Fox News covers President Trump’s recent regulatory rollbacks. Occurring largely behind the scenes, President Trump’s most significant contribution to a more prosperous America is…
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