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: Fluid milk options and battleship safety zones
The Court of International Trade struck down President Trump’s Section 122 tariffs. The labor force shrank by 92,000 people over the last year. Agencies issued…
Blog
Free the Economy podcast: Highway robbery with David Ditch
In this week’s episode we cover how to make the moral case for capitalism, affordable housing via regulatory reform, and tracking…
Blog
Deregulation by the numbers: One-third into 2026 — a rulebook rewrite?
At the close of the first third of the year, a spring 2026 Unified Agenda formally outlining agency priorities has yet to appear. In fact,…
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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…
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…
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
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Sam Kazman
Counsel Emeritus
- Antitrust
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- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment