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
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…
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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…
Search Posts
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Five Regulatory Heartbreaks on Valentine’s Day
Tomorrow we celebrate our significant other by showering them with affection and chocolate—but is government regulation getting in the way of your date night?…
Blog
This Week in Ridiculous Regulations
The White House regulatory freeze continues, and a wide range of recent rules, big and small, have been delayed until late March.
Bloomberg BNA
GOP Races Against Time to Roll Back Clock on EPA, Other Rules
Bloomberg BNA highlights Wayne Crews’s calculated annual cost of federal regulations. Environmental and public interest groups say the campaign to nullify various regulations…
The Hill
GOP searches for new way to cut Obama regs
The Hill discusses Congressional efforts to get rid of major regulations with Wayne Crews. But pressure is mounting from conservative groups for Republicans…
CNBC
CEO confidence at near-record high. Why? Trump’s war on regulation
CNBC highlights Wayne Crews’s calculated cost of federal regulations from his annual Ten Thousand Commandments report. Last week President Donald Trump signed an executive…
CNBC
Trump’s deregulation wave may have companies geared up to spend and hire
CNBC highlights Wayne Crews’s calculated cost of federal regulations from his annual Ten Thousand Commandments report. In a Friday note, Jefferies Chief Market…
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