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.
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Is Congress even trying? 3,248 new rules vs. 175 laws
In 2024, federal agencies issued 3,248 rules and regulations, while Congress enacted only 175 laws. I refer to the simple ratio—19 rules for…
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Free the Economy podcast: Draining the swamp with Jim Bovard
In this week’s episode we cover fake endangered species, Pennsylvania’s climate policy showdown, a robust defense of property rights in New…
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This week in ridiculous regulations: Seat belts and eagle possession
This week’s roundup will be a little different than usual. Since the new year began mid-week, and I already published a breakdown of 2024’s year-end numbers, as…
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Out Now: The 2020 Edition of Ten Thousand Commandments
The 2020 edition of Ten Thousand Commandments is out. Wayne Crews’s annual report gives a big picture view of the federal regulatory state. There has…
Op-Eds
Here Is A Catalog Of Trump’s Threats To Regulate Social Media
The major print and cable television news media outlets are abuzz with stories of Twitter fact-checking President Donald Trump’s tweets. Alleged…
Products
Liberate to Stimulate
Download Chapter 10 as PDF Policy makers frequently propose spending stimulus as a way to grow economies. It rarely goes well. A regulatory liberalization…
Products
Government Accountability Office Database on Regulations
Download Chapter 9 as a PDF The various federal reports and databases on regulations serve different purposes: The Federal Register shows the ag- gregate…
Products
Analysis of the Regulatory Plan and Unified Agenda of Federal Regulations
View Full Document as PDF The Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions (Agenda) is the document where agencies outline…
News Release
Report: Trump Deregulation Proceeds, But Threatened by Trump Regulation
The Competitive Enterprise Institute issued a report today on the burden imposed by federal government regulations: Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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