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
Cut Red Tape and Save Lives by Regulating Tobacco Alternatives Based on Risk
At the beginning of the year, President Trump issued an Executive Order aimed at cutting red tape. The order directs federal agencies to set…
Blog
Bank Regulatory Relief in Time for White House ‘Deregulation Day’
Happy Deregulation Day! Today, the Trump administration is celebrating the benefits of an America liberated from red tape. As I mentioned in a blog…
Washington Examiner
Can Freedom Survive in the Era of the Administrative State?
Washington Examiner covers the administrative state and cite’s CEI’s estimate of the cost of federal regulations. In The Administrative State, Dwight Waldo’s study of the…
Blog
Red Tape Rollback: Trump Least-Regulatory President Since Reagan
The Trump mode has been to regulate bureaucrats rather than the public. New, large-scale regulation has largely stopped in 2017, and where it hasn’t, new…
Blog
What White House ‘Deregulation Day’ Can Do for Finance and Banking
On Monday the Trump Administration is launching the first ever Deregulation Day, highlighting the benefits of an America liberated from bureaucracy.
Blog
Taxes, Welfare, and Economic Inequality
At a time when comprehensive tax reform is dominating news headlines, concerns about income inequality and the distributional effects of future tax changes are again…
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