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: Highway robbery with David Ditch
In this week’s episode we cover how to make the moral case for capitalism, affordable housing via regulatory reform, and tracking…
Blog
Deregulation by the numbers: One-third into 2026 — a rulebook rewrite?
At the close of the first third of the year, a spring 2026 Unified Agenda formally outlining agency priorities has yet to appear. In fact,…
Blog
The week in regulations: Marine terminal fires and marijuana rescheduling
The Federal Reserve held interest rates steady, and outgoing Chairman Jerome Powell will remain on the Fed’s Board of Governors when Kevin Warsh takes over.
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Wayne Crews Considers the Cost of Regulation
From RealClearMarkets.com: Removing burdensome regulations on businesses, both large and small, hasn’t figured much into the economic recovery program thus far. But alternatives to “porkulus 
Op-Eds
It’s Time to Consider the Cost of Regulation
As President Obama took the podium Tuesday night, all minds were fixed on the economy. As expected, the President addressed the economy first, front…
Business Week
The Appointment of Cass Sunstein as OIRA Chief
CNN
The Appointment of Cass Sunstein as OIRA Chief
CNN discusses Obama's pick for the head of the Office of Information & Regulatory Affairs with Iain Murray. The gate was very friendly to business…
Blog
Dambisa Moyo: Zambian Author Takes on Foreign Aid
The celebrity parade calling for more foreign aid to poor countries has become so ubiquitous — and accepted — these days that critiques of it…
Blog
Obama’s Bankruptcy Math Has to be Wrong
President Obama claimed in his speech tonight: “For that same reason, we must also address the crushing cost of health care. “This is a cost…
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