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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Science Magazine
Trump and next Congress could quickly erase scores of major regulations
Science Magazine speaks with Clyde Wayne Crews on recent significant rules that Congress should consider repealing. One conservative analyst, Clyde Wayne Crews Jr.
Washington Examiner
New push to vet regulations, cut $15,000 ‘hidden tax’ on all households
Washington Examiner highlights Ryan Young's report on the Regulations from Executive Need of Scrutiny Act. The newly influential Competitive Enterprise Institute Tuesday launched…
The Washington Times
Senate moves to rein in regulations, looks to give Congress vote
The Washington Times highlights Ryan Young's report on the Regulations from the Executive in Need of Scrutiny Act. Congress and the president enacted…
Blog
This Week in Ridiculous Regulations
Veterans Day made it a short work week, but agencies still filled more than 1,300 Federal Register pages with rules ranging from trailer tires to…
Forbes
Donald Trump And The 115th Congress Could Get Rid Of These 140 Obama Regulations
Many observers are weighing in on the rules and regulations that a new Trump administration might be inclined to eliminate. The Hill, for example, compiled…
Investor's Business Daily
Here’s How The President and Congress Can ‘Rein In’ Regulation
President Barack Obama and President-elect Donald J. Trump have something important in common. They both have a chance to help America's job creators out from…
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