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 week in regulations: Bird hunting and food coloring
The Federal Register’s website became less transparent about rule counts and other data. President Trump threatened to send the military into a third city. The…

Blog
Free the Economy podcast: Subsidies for billionaires with David McGarry
In this week’s episode we cover White House intervention in corporate ownership, the nation’s falling economic freedom ranking, and welcome new…

News Release
Federal appeals court rules on NLRB unconstitutionality
The 5th Circuit Court of Appeals today issued a ruling suggesting the structure of the federal government’s top labor dispute regulator, the National Labor Relations…
Search Posts
Blog
Rewards and Risks of a Federal Regulatory Budget (Part 2)
I advocate the idea of a regulatory cost budget but note that there exists looming pitfalls and political traps that could derail it or easily…
Blog
Rewards and Risks of a Federal Regulatory Budget (Part 1)
Our case for capping and “budgeting” regulatory costs across federal agencies opens by asserting that that, perhaps apart from certain raw compliance and paperwork burdens,…
Blog
This Week in Ridiculous Regulations
In one of their busiest weeks to date, agencies passed more than a hundred new regulations covering everything from rubies to frogs.
Daily Caller
Obama Finalized $100 BILLION Worth Of New Regulations This Year
The Daily Caller discusses the hidden costs of federal regualtions with Wayne Crews. A report by the free market Competitive Enterprise Institute (CEI)…
Forbes
The Federal Communications Commission Should Take A Selfie
There are either dozens of federal agencies or hundreds, depending, seemingly, upon the day of the week or whom one asks. The Federal Communications…
Huffington Post
Unfair Policies Drive Up Home Prices
In an article for CNN, Democrat vice presidential candidate Tim Kaine outlines his and Hillary Clinton’s plan to promote fair housing – indeed a…
Staff & Scholars

Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation

Ryan Young
Senior Economist
- 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