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: Bone void filler and halibut action
May’s job numbers were strong for the third month in a row, though job growth since Liberation Day remains under 100,000, for a labor force…
Blog
Free the Economy podcast: State budgets and bailouts with Thomas Savidge
In this week’s episode we cover promising new classroom technology, increasing productivity (and avoiding layoffs) with AI, and the repeal of the…
Blog
The week in regulations: Onion marketing and refrigerator leaks
PCE inflation, which the Federal Reserve uses for its interest rate decisions, rose to 3.8 percent, nearly double the Fed’s 2.0 percent target. President Trump…
Search Posts
Wall Street Journal
Another Last-Minute Regulation
The Wall Street Journal discusses federal regulations passed during President Obama's final days in office with Wayne Crews. This financial power grab is…
Investor's Business Daily
Memo To The Next President: We Can Grow A Lot Faster
Investor's Business Daily highlights Wayne Crews's annual report on the cost of federal regulations. Dodd-Frank bank reform, the EPA's excessively stringent "Clean Power…
Blog
Federal Register Adds 1,177 Pages, Hits 7th Highest Ever Count
We noted here on November 1 that the Federal Register is on a roll, hitting 76,270 pages, the 8th highest level ever.
Blog
A Federal Register Growth Spurt, Third Day of Record-Breaking Streak
The Federal Register is on a roll. On Friday, it hit 75,314 pages, the 10th highest level of all time, even though more than two…
Washington Times
Obama on pace for a legacy of most red tape
The Washington Times reports on Wayne Crews's blog post on the 2010 Federal Register's page count. The Obama administration is on a course…
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.
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