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 dark matter beyond Washington’s graveyard of rules: 83,141 ghosts and counting
The clocks have turned back, the days are growing darker, and Washington’s regulatory shadows lengthen. Washington’s policy ghouls are waking up to the fact…
Blog
The week in regulations: Space modernization and closed captioning
Sir Patrick Stewart passed away at age 86. GDP growth came in higher than average for the third quarter, but so did September’s PCE…
Blog
Free the Economy podcast: Affording the American Dream with Akash Chougule
In this week’s episode we cover what’s making housing so expensive, the common good of the Constitution, and more jawboning…
Search Posts
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…
Blog
This Week in Ridiculous Regulations
The number of new federal regulations passed the 3,000 mark last week, and the Federal Register continues its record pace.
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