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
National Review
From Munitions Shortage to Ebola, Dodd–Frank Minerals Measure Makes Things Worse
A scan of news headlines warns readers of two seemingly unrelated dangers around the globe. One is a potential shortage of missiles, interceptors, and…
Blog
The week in regulations: School libraries and sport pilots
The Federal Reserve raised interest rates. Congress passed a Russia sanctions bill that gives President Trump more tariff authority. Agencies issued new regulations ranging…
Blog
Free the Economy podcast: The Overton Window with James Hohman
In this week’s episode we cover Treasury yields, oil prices, US-China-Taiwan security policy, and Trump’s $5,000 dividend checks. Our…
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Blog
A Partial Inventory of Federal Agency Guidance Documents Before Trump’s Official Compendium Comes Due
Reporting on "regulatory dark matter" is still falling short.
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…
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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…
Blog
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…
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