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: Taxing the rich with Jared Walczak
In this week’s episode we cover America’s low-income churn, reforms to civil asset forfeiture, changes to vehicle emissions testing, a shout…
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…
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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…
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This Week in Ridiculous Regulations
Starting this week, many late-Obama administration regulations delayed by the Trump administration’s 60-day freeze will come into effect.
Fortune
Regulations Cost U.S. Business More Than Canada’s GDP
President Donald Trump’s administration has been busy issuing a flurry of executive orders intended to reduce regulatory burdens on businesses that keep them from adding…
Blog
A Blueprint for Reforming the Federal Government
This is a big week for reform of the federal government: yesterday, President Trump signed an executive order on reorganizing the executive branch, and this…
News Release
Mapping Washington’s Lawlessness: CEI Releases Updated Inventory of “Regulatory Dark Matter”
Today, the Competitive Enterprise (CEI) released the 2017 update to its comprehensive report Mapping Washington’s Lawlessness: An Inventory of “Regulatory Dark Matter.” This analysis covers…
Forbes
Here’s What Donald Trump And Congress Should Do About Regulatory Dark Matter
It’s becoming too easy for federal agencies to steer private activity without issuing “real” regulations anymore. Instead, we get regulatory dark matter — particularly…
The Wall Street Journal
Trump vs. The Blizzard
The Wall Street Journal cites Wayne Crews’ latest study on Regulatory Dark Matter: He will need every bit of political skill…
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