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 week in regulations: Cyber sanctions and tinnitus relief devices
Inflation is now more than double the Federal Reserve’s target. The Iran war heated up again. Agencies issued new regulations ranging from vending stands to…
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…
Search Posts
Washington Times
Obama on pace for a legacy of most red tape
The Washington Times reports on Wayne Crews's blog post on the 2010 Federal Register's page count. The Obama administration is on a course…
Blog
A Monster Federal Register This Halloween
Today, the 2016 Federal Register stands at 75, 670 pages, the 9th highest “yearly” count of all time—but it’s only Halloween.
Blog
5 Scariest Halloween Regulations
Regulatory dark matter is a Washington boogeyman. In 2015, there were 39 regulations for every one law passed by Congress. That’s a lot of rules…
Washington Examiner
Obama set to break red tape record
Washington Examiner reports on Wayne Crews's report on this year's record breaking Federal Register. President Obama's regulatory freight train is crashing through even…
Forbes
Surging Federal Register Of Regulations Cracks Top 10 Fattest Ever–With 2 Months Still To Go
The federal debt isn’t the only thing doubling every few years. Both presidential candidates have declared they will cut mounting regulatory red tape, particularly for…
Watchdog.org
Candidates’ perennial promises to cut regulations rarely pan out
Watchdog.org discusses ways that the next administration can push for regulatory reform with Wayne Crews. Competitive Enterprise Institute Vice President for Policy Clyde…
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