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
Confessions of a Recovering Bureaucrat
Neither clarity nor efficiency in government has improved in the past eight decades.
Blog
How to Reform the Executive Branch
President Trump’s March 13th executive order “Comprehensive Plan for Reorganizing the Executive Branch” set in motion a process that could yield dramatic changes to how…
The Hill
Credit Trump For Boosting Business And Fueling Our Economic Growth
Andy Puzder, writing in The Hill, cites Wayne Crews’ “10,000 Commandments.” Progressive Democrats are in a tough spot. It is increasingly difficult to ignore that…
InsideSources
Counterpoint: One Year Post-Election: Grate Again, Great Again
It’s now one year since the election of Donald J. Trump as our nation’s president. Is America “great again”? The election certainly did make America…
Forbes
The Significance of Sen. Al Franken’s Call to Impose Net Neutrality on Google, Facebook and Amazon
Antitrust and technology market regulatory interventions are staging a comeback, even in the era of President Donald Trump’s push for broad…
Blog
Experimental Tech Helps Get Puerto Rico’s Telecom Services Back on Line
The freedom to try something without getting explicit and advanced permission from regulators is what allows innovations to be tried, tested, and either integrated or…
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