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: Fluid milk options and battleship safety zones
The Court of International Trade struck down President Trump’s Section 122 tariffs. The labor force shrank by 92,000 people over the last year. Agencies issued…
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…
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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,…
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Obama Infrastructure Stimulus: Union Payoff Filled with Rail Boondoggles and Pork
Obama's proposed infrastructure stimulus is a payoff to Big Labor, as economist Ronald Utt explains. It "represents tens of billions of dollars in high,…
Blog
Stimulating Language
I’ve argued for a long time that stimulus bills are poorly named; it implies that they stimulate the economy. “Spending bill” is a non-loaded term…
Blog
Dear Labor, Don’t Fear the Robot
In California, a war is quietly being fought: workers versus technology. And the war has materialized in the form of a bill that seeks…
Blog
Obama’s Ironic, Belated, and Unaffordable Infrastructure “Stimulus”
In a Labor Day speech to an AFL-CIO rally in Detroit, President Obama said that "roads and bridges nationwide need rebuilding and more than…
Canada Free Press
Obama’s Jobs Speech is D.O.A.
Canada Free Press discusses Wayne Crews's study on the size of the federal regulatory burden. Obamacare has stalled hiring as businesses large and…
Atlantic Highlands Herald
The Jobs-Thing
The Atlantic Highlands Herald discusses Wayne Crews's report on the size of the federal regulatory burden. This topic crosses the eyes of the man 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