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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Independent Journal Review
It’s Time For The New President And Congress To Think Big When It Comes To Cutting Government Waste
Political revolutions don’t come around often: Margaret Thatcher in Britain in 1979, the fall of the Berlin Wall in Eastern Europe in 1990, the Contract…
The Washington Times
Republicans prepare to repeal regulations as Obama racks up record
The Washington Times discusses a regulatory record set by the Obama administration with Wayne Crews. The president is piling up the red tape…
Blog
This Week in Ridiculous Regulations
On November 17, the 2016 Federal Register set an all-time record page count—an impressive feat for a document that has been published continuously since 1936.
Forbes
Obama White House Releases Its Final Regulatory Agenda
The White House has published the Fall 2016 Unified Agenda of Federal Regulatory and Deregulatory Actions. It’s appearing the weekend before Thanksgiving — yet…
Investor's Business Daily
What’s Really Doable In Trump’s First 100 Days?
Investor's Business Daily discusses rolling back regulation of the Obama administration with Wayne Crews. In the past eight years, Obama has imposed a…
Blog
Counteracting the Midnight Rush of Regulations
Now that the White House will officially be switching parties, the outgoing Obama administration will likely pass as much of its regulatory agenda as quickly…
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