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: Blacksmith shops and airman certificates
Former Federal Reserve Chairman Alan Greenspan passed away. Neither the Reflecting Pool debacle nor its algae have faded away. PCE inflation is over 4…
Blog
An America250 funeral for the 80-year-old Administrative Procedure Act
Clyde Wayne Crews Jr. As America approaches its 250th anniversary, another institution reaches a milestone of its own. The Administrative Procedure Act of…
Blog
The week in regulations: Cyber sanctions and tinnitus relief devices
Inflation is now more than double the Federal Reserve’s target. The Iran war heated up again. Agencies issued new regulations ranging from vending stands…
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Blog
Ten Thousand Commandments
The 2011 edition of Wayne Crews’ “Ten Thousand Commandments” was released today. The annual study gives a big-picture view of the regulatory state. You can…
The American Spectator
How Regulations Add to the Cost of Government
As many of us rush to finish filling out our tax returns, we should remember that what we pay out in taxes — and how…
Washington Examiner
Regulations are Politicians’ (and Lobbyists’) Best Friends
The annual ritual of calculating taxes and rushing to file is upon us today. And it is hardly news that the ever-increasing complexity of the…
Washington Examiner
There Is No ‘Regulation Day’ to Remind Us How Much They Cost
Every year we are reminded how much money the government filches from us on Tax Day. However, there is no equivalent ‘Regulation Day’ to remind…
News Release
Tax Day Report Sounds Alarm on the $1.75 Trillion “Hidden Tax” of Federal Regulation
Washington, D.C. April 18, 2011 – Federal regulations cost even more than the skyrocketing federal budget deficit, and help bring the federal government’s share of…
Forbes
The Economy Needs A ‘Deregulatory Stimulus’
Forbes references Wayne Crews's study on regulation. Assessing the width and breadth of the regulatory state is Clyde Wayne Crews of the Competitive…
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