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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Washington Examiner
9.7 billion hours required to complete 1 year of federal paperwork
Washington Examiner speaks with Clyde Wayne Crews on how many hours it took Americans to fill out and compleate federal paperwork in 2015. …
Blog
Regulatory Accountability Act Poised to Bring Dramatic Improvement to Government Rulemaking
If signed into law by the next president, the Regulatory Accountability Act will have a dramatically positive effect on jobs, productivity, innovation, and overall economic…
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13,953 Human Lifetimes Spent Annually on Federal Paperwork (2017 Edition)
The burden of federal government paperwork now takes up 9.778 billion hours a year.
Blog
This Week in Ridiculous Regulations
The midnight regulatory rush continues, with more than 2,100 Federal Register pages, despite a four-day work week, along with 51 proposed regulations and 52 final…
Foundation for Economic Education
Lower Costs, Not Regulations, Will Save the Environment
I have a long bus commute to work in Washington DC. Most mornings I am engrossed in reading the latest news or a scholarly article,…
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Regulatory Reform in 2017: How Much Do Existing Regulations Cost?
The Regulatory Responsibility for our Economy Act (RREA), sponsored by Sen. Pat Roberts (R-KS), would help fix basic transparency problems with federal regulations.
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