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
Trump’s SOTU conundrum: Deregulation today, swamp tomorrow?
Donald Trump’s 2026 State of the Union (SOTU) address presents an opportunity to confront the federal spending, entitlement, and regulatory behemoth in a new way…
Blog
The week in regulations: Grandfathered driver vision and socializing dogs
The Supreme Court declared President Trump’s IEEPA tariffs unconstitutional. The White House responded by enacting a 15 percent global tariff under a different statute. The…
Blog
Free the Economy podcast: What’s wrong with Congress with Kevin Kosar
In this week’s episode we talk about we talk about Consumer-Regulated Electricity, the amazing falling US poverty rate, and how smart…
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The Washington Free Beacon
Obama Breaks Record for Most Pages of Regulations in Single Year
The Washington Free Beacon discusses Obama's regulatory record breaking year with Wayne Crews. Obama broke his previous 2010 record of 81,405 pages worth…
WND
Obama sets new record for regulations: 527 pages in 1 day
WND speaks with Wayne Crews on President Obama's record-breaking regulatory year. President Obama on Thursday set a record for the most pages of…
Blog
Which of Obama’s Midnight Regulations Will Get Rolled Back?
Yesterday, House Majority Leader Kevin McCarthy (R-Calif.) and every Republican House Committee Chairman sent a one-paragraph letter to all executive agencies cautioning them “against finalizing…
Forbes
Obama’s Midnight Regulations To Get Increased Scrutiny From Congress And Trump
House Majority Leader Kevin McCarthy (R-California) and other Republican leadership members just sent a letter to Obama administration regulatory agency heads telling them to…
Wall Street Journal
Reversing Rule by Regulation
President Obama spent his final six years in office—and especially the last two—governing largely by executive fiat. He issued executive orders, and his administrative…
The Wall Street Journal
Reversing Rule by Regulation
President Obama spent his final six years in office—and especially the last two—governing largely by executive fiat. He issued executive orders, and his administrative state…
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