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: Taxing the rich with Jared Walczak
In this week’s episode we cover America’s low-income churn, reforms to civil asset forfeiture, changes to vehicle emissions testing, a shout…
Blog
The week in regulations: Bone void filler and halibut action
May’s job numbers were strong for the third month in a row, though job growth since Liberation Day remains under 100,000, for a labor force…
Blog
Free the Economy podcast: State budgets and bailouts with Thomas Savidge
In this week’s episode we cover promising new classroom technology, increasing productivity (and avoiding layoffs) with AI, and the repeal of the…
Search Posts
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This Week in Ridiculous Regulations: 2016 Wrap-Up
The 2016 Federal Register’s record-setting page count ends at 97,110 pages—more than 15,000 pages above the previous record, set in 2010. The difference is more…
Forbes
The U.S. Economy In 2017: Welcome Higher Growth
Forbes highlights Wayne Crews’s study on the number of federal regulations passed under the Obama administration. Today, there is less uncertainty in politics.
Blog
Best of the Blog 2016
Certain topics were especially popular with readers in 2016.
Blog
The 2017 Unconstitutionality Index: 18 Federal Rules for Every Law Congress Passes
Federal agencies in 2016 issued 18 rules and regulations for every law Congress passed.
Blog
Preparing for the Challenges and Opportunities of 2017
At this time of year, it is easy to focus on endings. The end of the general election campaign in November, however, also marked a…
Breitbart
Obama Oversees Year of Mass Regulation, Record 97,000 Pages of Red Tape
Breitbart highlights Wayne Crews’s report on the number of regulations passed during the Obama administration. President Barack Obama’s administration has added record levels…
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