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
Mid-year 2026: Is Washington actually deregulating?
It’s June 30, mid-year 2026 — almost America’s birthday. In terms of conventional issuance of rules and regulations in the Federal Register, the Trump…
Blog
A $25 minimum wage cannot legislate away the high cost of living
Affordability is the political buzzword for 2026. Last week, Sen. Chris Murphy (D-CT) announced plans to introduce the Living Wage for All Act,…
Blog
The week in regulations: Blacksmith shops and airman certificates
Former Federal Reserve Chairman Alan Greenspan passed away. Neither the Reflecting Pool debacle nor its algae have faded away. PCE inflation is over 4…
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Newsletter
Ethanol, Human Achievement, and Technology
The Green campaign for the development of corn ethanol may be increasing greenhouse gas emissions. On March 27, people all over the world will turn…
Comment
The Future of Manufacturing
What is the Role of the Federal Government in Supporting Innovation by U.S. Manufacturers?…
Blog
This blog at “Tundra Headquarters” plays my “Toyota Hysteria” piece the right way
This blog titled “Toyota Crash Victim Speaks Out Against Media Smearing Automaker” exploits my cache as a victim of a REAL Toyota defect, which…
Blog
The Wisdom of George Stigler
He was one of only a few sane souls who insisted that regulations be judged by their actual results, not their intended results.
News Release
Wayne Crews Testifies on Role of Government in Innovation and Manufacturing
Washington, D.C., March 15, 2010—Everyone agrees we still want to make a lot of stuff in the United States of America and create jobs. So…
Blog
Regulation of the Day 127: Landscaping
Angelina and Quan Ha, of Orange, CA, ditched their water-hungry grass lawn in 2008 to save money and water. The city promptly sued them.
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