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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Daily Torch
Trump Keeps Promise to Cut Regulations, Make Them More Reasonable and Less Costly
Daily Torch cites Vice President for Policy and Senior Fellow Wayne Crews on regulatory dark matter: The Vice President for Policy at the…
Forbes
New Trump Orders: Guidance Should Be a Shield, Not a Sword
Forbes cites Vice President for Policy and Senior Fellow Wayne Crews on regulatory dark matter: These actions are the latest attempt to ensure…
The Washington Times
Trump Executive Orders Curtail Union Business on the Taxpayer Dime
Imagine each working day, federal employees report for work but do not perform any governmental duties. Instead, they work for a private enterprise void of…
Blog
This Week in Ridiculous Regulations
The latest Mad Libs-style political feud involves the NBA, the television cartoon South Park, and the Chinese government. President Trump also issued a pair of…
Blog
President Trump Signs Executive Orders to Improve Use of Guidance Documents
President Donald J. Trump on October 9th signed two executive orders (EOs) intended to improve and limit the use of guidance documents. This is good,…
Blog
More Shields and Fewer Swords in Realm of Federal Regulation
Yesterday the New Civil Liberties Alliance (NCLA) held a fascinating event on one of their marquee cases, Baldwin v. United States (read more in my…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
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Ryan Young
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Fred L. Smith, Jr.
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