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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Forbes
Obama White House Releases Its Final Regulatory Agenda
The White House has published the Fall 2016 Unified Agenda of Federal Regulatory and Deregulatory Actions. It’s appearing the weekend before Thanksgiving — yet…
Investor's Business Daily
What’s Really Doable In Trump’s First 100 Days?
Investor's Business Daily discusses rolling back regulation of the Obama administration with Wayne Crews. In the past eight years, Obama has imposed a…
Blog
Counteracting the Midnight Rush of Regulations
Now that the White House will officially be switching parties, the outgoing Obama administration will likely pass as much of its regulatory agenda as quickly…
Blog
Obama’s 2016 Federal Register Just Topped Highest Page Count of All Time
Well that didn’t him take long. President Barack Obama’s Federal Register, the daily depository of rules and regulations, added 572 pages today, and stands at…
Washington Examiner
Obama sets new record for regulations, 527 pages in just one day
Washington Examiner discusses the Obama administration's record breaking regulation year with Wayne Crews. President Obama has just set a new record for rules…
Breitbart
Obama Sets Record, Slams Washington with 527 Pages of Regulations
Breitbart discusses the Obama administration's record breaking regulatory year with Wayne Crews. Obama shattered his old record with the November 17 release, according…
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