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
Free the Economy podcast: Competition and innovation with Jack Nicastro
In this week’s episode we cover the case of Suncor v. Boulder County at the Supreme Court, the problems with the Los…
Blog
Here’s how one-in, ten-out is successfully cutting rules — but not draining the swamp
It’s October already, and while there’s no real fiscal year for federal regulation, the September 30 closing of the 2026 budgetary fiscal year marks…
Blog
The week in regulations: Drug prices and inedible almonds
Sen. Eric Schmitt (R-MO) learned the difference between the Atlanta Hawks and the Iowa Hawkeyes. President Trump rolled back some China tariffs and published…
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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…
Blog
Celebrating Two Great Economists: Bruce Yandle and Julian Simon
I’d like to second my colleague Fred’s birthday wishes for the distinguished economist Bruce Yandle of Clemson University.
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Clyde Wayne Crews
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Fred L. Smith, Jr.
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