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
It’s not the (government’s) thought that counts
Good intentions are not enough to create an effective regulation. An executive agency, Congress, or the White House can have the best intentions in…
Blog
The week in regulations: Roadless areas and squid quotas
The national debt topped $40 trillion. Vice President JD Vance argued for ending the dollar’s status as the world’s reserve currency. The Treasury Department…
Blog
Free the Economy podcast: Housing abundance and affordability with Luca Gattoni-Celli
In this week’s episode we cover J.D. Vance and the strength of the US dollar, how to track extreme weather events,…
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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…
The Daily Caller
Agencies Use Regulatory ‘Dark Matter’ To Skirt Trump’s Reforms
The Daily Caller discusses regulatory “Dark Matter” under the new Trump Administration Federal regulatory orders include presidential and agency memoranda, guidance documents, bulletins…
Study
Mapping Washington’s Lawlessness
With regulatory dark matter, there are tens of thousands of documents that agencies can use to circumvent Congress, allowing the federal government to inject itself into…
Blog
This Week in Ridiculous Regulations
It was another slow week for new regulations, but busy times are on their way. A slew of delayed regulations will come into effect on…
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