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: Pipeline safety and NFL Draft security
Federal Reserve Chair nominee Kevin Warsh had his confirmation hearing, and President Trump dropped his criminal investigation into Jerome Powell. The government is poised to…
Blog
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…
Blog
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…
Search Posts
Blog
On Tour with U.S. Chamber’s ‘Let’s Grow’ Campaign
While the policy landscape is far from perfect, we have the best opportunity in a long time to clear the field for growth and prosperity…
Blog
New York’s “BitLicense” on Trial
A lawsuit again New York's “BitLicense” regulation is challenging the state's targeting of Bitcoin-based businesses.
Blog
Making the Case for a Free Market in Space
For commercialized space (and alas, for other sectors) we need a regulatory heatshield, a HOT Act (“Hands Off Technology”).
Blog
This Week in Ridiculous Regulations
As the regulatory freeze marches on, most new regulations coming out are garden-variety FAA airworthiness directives and Coast Guard drawbridge and safety zone rules.
Washington Post
The administrative state is huge, and it’s only getting bigger
The Washington Post highlights Wayne Crews’s research on the federal regulatory state. Just what White House chief strategist Stephen K. Bannon meant when…
Blog
A Congressional Review Act ‘Game-Changer’ Steps into the Spotlight
A new interpretation of the Congressional Review Act would allow Congress to quickly repeal federal regulations from as far back as the mid-1990s.
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