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: What’s wrong with Congress with Kevin Kosar
In this week’s episode we talk about we talk about Consumer-Regulated Electricity, the amazing falling US poverty rate, and how smart…
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Trump’s deregulation meets invisible rulemaking: The real 2026 challenge
After a brief shutdown, most fiscal year 2026 appropriations have been enacted, despite continued debate over Department of Homeland Security (DHS) funding. We may soon…
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The week in regulations: Beet food coloring and crab housekeeping
Culture warriors got upset over the Super Bowl halftime show. A mini-shutdown over ICE funding delayed some labor market indicators. Agencies issued new regulations ranging…
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Washington Examiner
Trump: Slashing Regulations Boosted Economy More Than Tax Cuts
Washington Examiner cites senior fellow Clyde Wayne Crews on Trump-era regulations: What’s more, CEI’s Clyde Wayne Crews reported that the administration issued…
Washington Examiner
One Nation, Ungovernable: Trump White House Releases Fiscal Year 2021 Federal Budget
There has not been a federal budget surplus since Bill Clinton was president. Not long ago, President Trump’s New Foundation for American…
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This Week in Ridiculous Regulations
The impeachment trial ended the way everyone expected, the State of the Union address happened, and the coronavirus outbreak intensified. Agencies issued new final regulations…
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This Week in Ridiculous Regulations
The impeachment trial continued, Brexit happened, President Trump signed the USMCA trade agreement, and the 2020 Federal Register topped 5,000 pages. Agencies issued new final…
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This Week in Ridiculous Regulations
The Federal Register had a four-day week due to Martin Luther King Day, but agencies still found time to issue new final regulations ranging from…
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This Week in Ridiculous Regulations
In a busy week, President Trump signed Phase One of a trade agreement with China on Wednesday. On Thursday, the Senate ratified the USMCA trade…
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