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
Here’s how one-in, ten-out is successfully cutting rules — but not draining the swamp
It’s October already, and while there’s no real fiscal year for federal regulation, the September 30 closing of the 2026 budgetary fiscal year marks…
Blog
The week in regulations: Drug prices and inedible almonds
Sen. Eric Schmitt (R-MO) learned the difference between the Atlanta Hawks and the Iowa Hawkeyes. President Trump rolled back some China tariffs and published…
Blog
Free the Economy podcast: Real-world economics with Paul Mueller
In this week’s episode we cover spiraling health care costs, reforming state-level regulations, and how to keep asset managers accountable…
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Blog
This Week in Ridiculous Regulations
It was a busy week, with Friday’s Federal Register alone containing 52 final regulations and 809 pages.
USA Today
Short-term government built short-term capitalism: John Allison
USA Today highlights Wayne Crews's calculated costs of federal regulations from his annual report. Not to be outdone, President Obama has overseen the…
The Hill
The poor suffer most from runaway regulation
The Hill cites Wayne Crews's calculated cost of federal regulation from his annual Ten Thousand Commandments report. Regulatory costs, which inevitably are passed…
InsideSources
A New President Needs a New Red Tape Agenda
Federal regulators issue thousands of rules and regulations every year. Decrees range from the Environmental Protection Agency’s gargantuan Clean Power Plan and “Waters of the…
Blog
How a New President Can Roll Back Bureaucracy, Part 8: Transparency Report Cards
Improving disclosure and transparency for regulatory output and trends is one area where a new president can unambiguously undertake unilateral initiatives without statutory regulatory reform.
Blog
How a New President Can Roll Back Bureaucracy, Part 7: Track Regulatory Accumulation
This is the seventh entry in a series on how the next president can reduce the scope of bureaucracy. Earlier installments have addressed a freeze on…
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