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 regulatory costs we still aren’t counting
Several years ago, I assembled a “Costberg” working paper surveying the largely impenetrable and undisclosed costs of regulation. The project grew out of…
Blog
The week in regulations: Voting by mail and $100,000 visas
The number of new final regulations in 2026 topped the 2,000 mark. President Trump escalated his trade war against Canada and issued an executive…
Blog
Free the Economy podcast: The future of financial regulation with Thomas Hoenig
In this week’s episode we cover the status of occupational licensing in the 50 states, the coming crack-up over entitlement spending,…
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Blog
This Week in Ridiculous Regulations
The midnight regulatory rush continues, with more than 2,100 Federal Register pages, despite a four-day work week, along with 51 proposed regulations and 52 final…
Foundation for Economic Education
Lower Costs, Not Regulations, Will Save the Environment
I have a long bus commute to work in Washington DC. Most mornings I am engrossed in reading the latest news or a scholarly article,…
Blog
Regulatory Reform in 2017: How Much Do Existing Regulations Cost?
The Regulatory Responsibility for our Economy Act (RREA), sponsored by Sen. Pat Roberts (R-KS), would help fix basic transparency problems with federal regulations.
InsideSources
Congress Should Get Ready to ‘SCRUB’ Regulatory Rulebooks
InsideSources highlights Wayne Crews’s calculated cost of federal regulations from his annual study. According to the Competitive Enterprise Institute, the cost of complying with…
Blog
House Moves on Regulatory Reform, More Votes Coming
Yesterday afternoon the House of Representatives passed the Midnight Rule Relief Act, which would allow Congress to repeal multiple executive branch rules with a single…
Investor's Business Daily
Putting An End To Obama’s Economy-Destroying Regulatory Siege
Investor’s Business Daily highlights Wayne Crews’s research on last-minute federal regulations from the Obama administration. As he heads for the exits, Obama is…
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