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
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Free the Economy podcast: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
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The week in regulations: Drone settlements and gambling losses
The 2026 Federal Register topped 20,000 pages. President Trump got into a feud with the Pope. Agencies issued new regulations ranging from mail standards to…
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Free the Economy podcast: How to Get What You Want with Josh Bandoch
In this week’s episode we cover AI development in China, how large investors recycle homes, and why permitting reform needs to…
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This Week in Ridiculous Regulations
Friday’s Federal Register was one of the year’s biggest, with 74 agency notices, 4 proposed regulations and 15 final regulations spanning 1,119 pages.
Forbes
How The Next President Can Use Executive Power To Jumpstart Economic Growth On Day One (Part 2)
The Federal Register contained over 7,700 rules and regulations among an all-time-record 73,000 pages the year President Reagan was elected. One response was his Executive…
Forbes
How The Next President Can Use Executive Power To Jumpstart Economic Growth On Day One (Part 1)
After what will have been eight years of debate over executive overreach and Barack Obama’s “pen and phone,” and it will be time for…
Blog
This Week in Ridiculous Regulations
88 new regulations last week, from poultry improvement to nuclear philosophy.
Reason
The Economic Stimulus Perplex: Could Regulation Be the Problem?
Reason cites the calculated cost of federal regulations from Wayne Crews's annual Ten Thousand Commandments report. Perhaps the answer to what ails the…
Daily Signal
Congress Waits for Obama’s Final Regulatory Costs Report, Later Than Usual
The Daily Signal discusses the need for a regulatory budget with Wayne Crews. “The reason this matters to the general public is that we…
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Clyde Wayne Crews
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Ryan Young
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Fred L. Smith, Jr.
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