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.
Search Posts
Forbes
Obama’s Legacy: An Abundance Of Executive Actions
President Barack Obama’s final-year aspirations as outlined in an earlier-than-usual State of the Union Address will likely showcase executive action on gun control (watch for…
Breitbart
Report: Federal Agencies Passed 39 New Regulations For Every One Law
Breitbart discusses Wayne Crews' report on the amount of rules that federal agencies created for every one law that Congress passed in 2015. …
USA Today
Employment statistics don’t tell whole story
USA Today mentions Wayne Crews' report on the amount of rules that federal agencies created for every one law that Congress passed in 2015. …
Blog
Regulatory Reform in 2016 Starts Now
The House is voting on two pieces of regulatory reform legislation today, the Sunshine Act and the SCRUB Act. Both will likely pass, then it’s…
Real Clear Policy
Reforming Regulation in 2016
The year 2015 was a record-setting one for regulation. The 2015 Federal Register, the daily digest where agencies publish proposed and final rules, reached 82,035…
Blog
The 2016 Unconstitutionality Index: 39 Federal Rules for Every Law Congress Passes
The New Year brought news of yet more executive action by President Obama, most prominently this time on tweaking the Second Amendment and access to…
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