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: Mariner training and Maryland trash
The federal government’s annual budget deficit hit $2 trillion. Defense Secretary Pete Hegseth pledged to livestream an execution. Thirty-year Treasury bond interest rates continued…
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…
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Daily Caller
Economy Hit With Hidden $1.9 Trillion Tax From Federal Regulations
The Daily Caller reports on Clyde Wayne Crews's annual report on the costs of federal regulation. Competitive Enterprise Institute (CEI) describes the thousands…
Cato Unbound
The Administrative State’s Irredeemable Devotion to Central Power
Washington Examiner
Shock report: Federal red tape eats 11% GDP, rivals ALL pretax corporate profits
Washington Examiner reports on Wayne Crews's annual report on the size and cost of the federal regulatory state. The annual "Ten Thousand Commandments" report…
The Hill
Federal regulations cost economy $1.9T in 2015, controversial study claims
The Hill discusses with Wayne Crews his annual report on the size and costs of federal regulations. The cost of federal regulations is…
Fox News
Report: Federal regulations costing US $1.9T annually
Fox News discusses the cost of federal regulations as cited in Wayne Crews's annual report. Federal regulations are now costing U.S. taxpayers and businesses…
Washington Times
Cost of complying with federal regulations hits $1.9 trillion — higher than federal tax burden
Washington Times discusses Wayne Crews's annual report on the size and cost of federal regulations. “Regulations cost more than the federal income tax,”…
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