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 regulatory costs we still aren’t counting
Several years ago, I assembled a “Costberg” working paper surveying the largely impenetrable and undisclosed costs of regulation. The project grew out of…
Blog
The week in regulations: Voting by mail and $100,000 visas
The number of new final regulations in 2026 topped the 2,000 mark. President Trump escalated his trade war against Canada and issued an executive…
Blog
Free the Economy podcast: The future of financial regulation with Thomas Hoenig
In this week’s episode we cover the status of occupational licensing in the 50 states, the coming crack-up over entitlement spending,…
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Washington Times
Protective press refuses to call President Obama a ‘lame duck’
The Washington Times reports on Wayne Crews’s research on the number of federal regulations issued in 2016. So how many new regulations did…
Blog
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…
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