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,…
Search Posts
Blog
Obama’s 2016 Federal Register Just Topped Highest Page Count of All Time
Well that didn’t him take long. President Barack Obama’s Federal Register, the daily depository of rules and regulations, added 572 pages today, and stands at…
Washington Examiner
Obama sets new record for regulations, 527 pages in just one day
Washington Examiner discusses the Obama administration's record breaking regulation year with Wayne Crews. President Obama has just set a new record for rules…
Breitbart
Obama Sets Record, Slams Washington with 527 Pages of Regulations
Breitbart discusses the Obama administration's record breaking regulatory year with Wayne Crews. Obama shattered his old record with the November 17 release, according…
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…
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