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: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
Blog
The week in regulations: Drone settlements and gambling losses
The 2026 Federal Register topped 20,000 pages. President Trump got into a feud with the Pope. Agencies issued new regulations ranging from mail standards to…
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Free the Economy podcast: How to Get What You Want with Josh Bandoch
In this week’s episode we cover AI development in China, how large investors recycle homes, and why permitting reform needs to…
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Forbes
Obama White House Releases Final Cost Of Regulation Report
The day before Christmas Eve, the White House Office of Management and Budget (OMB) released the 2016 Draft Report to Congress on the Benefits…
Forbes
Coal In The Stocking – Obama Regulatory Rulebook Breaks Record By 13,000 Pages
When I was a kid, Dad always told my sister and me that if Santa Claus caught us awake on Christmas Eve, he’d put pepper…
Reason.com
For Trump And Icahn, Experts Say Regulatory Reform Should Be More Than a Numbers Game
Reason.com discusses regulatory reform under the Trump administration with Wayne Crews and Kent Lassman. To get below the surface, Trump’s team could look…
Washington Times
One Obama executive order that makes sense
The Washington Times discusses regulations from the Obama administration with Wayne Crews. In retrospect, it’s easy to surmise that Mr. Obama’s executive order…
The Hill
Trump plots two-for-one assault on Obama regs
The Hill discusses with Wayne Crews a plan from President-elect Donald Trump that would eliminate two regulations for every new rule issued. It’s unclear…
Blog
Some Advice for Trump Appointees
Your role in the new administration is to propose ways of restoring limited government – by privatization, deregulation, extending property rights, and taking on the…
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