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
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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…
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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…
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Free the Economy podcast: How to Get What You Want with Josh Bandoch
In this week’s episode we cover AI development in China, how large investors recycle homes, and why permitting reform needs to…
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RealClear Policy
Regulatory Reform: A Beacon of Light for Bipartisanship
Common ground is nearly impossible to find in Washington these days. But with the Senate’s recent confirmation of Neomi Rao as the White House’s…
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This Week in Ridiculous Regulations
As the reality television drama in Washington continues to unfold, regulatory agencies pushed the 2017 Federal Register past the 35,000-page mark and issued 75 new…
Las Vegas Review-Journal
EDITORIAL: Donald Trump Makes a Bit of Headway on Regulatory Relief
Las Vegas Review-Journal cites 10,000 Commandments by Wayne Crews. It would take years to significantly erode a federal regulatory state that has…
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This Week in Ridiculous Regulations
As summer marches on, regulatory agencies issued more than 60 new regulations in the last week.
Forbes
How Is Trump’s “One-In, Two-Out” Policy On Federal Regulations Going?
The Trump White House has just published the “Spring” 2017 Unified Agenda of Federal Regulatory and Deregulatory Actions. The Unified Agenda is the federal…
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Restore Economic Opportunity by Repealing Occupational Licensing Rules
To increase growth, we need to get rid of some of the unnecessary barriers to economic opportunity that have arisen in recent years – such…
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