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
Blog
Failed Stimulus Spending Erodes America’s International Competitiveness, Wipes Out Wealth
In the Daily Caller, Chris Edwards has an interesting article about why government spending doesn’t “stimulate” the economy over the short-run or the long-run. Rather than…
Washington Times
Employers Doubt Obama’s Vow of Less Red Tape
The Washington Times references Wayne Crews's study on the size of the federal regulatory burden. Mr. Kovacs noted that the Government Accountability Office…
Blog
Chicago Mayor Emanuel Gives Unions a Choice: Concessions or Layoffs
Leaders of government employee unions must be feeling lonely these days. Across the country, Democratic state and local elected officials — traditional union allies —…
Blog
Restricting Your Right to Superlatives: Anna Eshoo and the FCC
A California Democrat is seeking to expand the bureaucracy of the FCC in order to protect Americans from dropped calls. Rep. Anna Eshoo (D-Calif.)…
Study
Labor Unions and the Democratic Party
Full Document Available in PDF Recently AFL-CIO President Richard Trumka compared…
Richmond Times Dispatch
Fuel-Economy Standards Need a Warning Label
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