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
Is Congress even trying? 3,248 new rules vs. 175 laws
In 2024, federal agencies issued 3,248 rules and regulations, while Congress enacted only 175 laws. I refer to the simple ratio—19 rules for…
Blog
Free the Economy podcast: Draining the swamp with Jim Bovard
In this week’s episode we cover fake endangered species, Pennsylvania’s climate policy showdown, a robust defense of property rights in New…
Blog
This week in ridiculous regulations: Seat belts and eagle possession
This week’s roundup will be a little different than usual. Since the new year began mid-week, and I already published a breakdown of 2024’s year-end numbers, as…
Search Posts
Blog
Deep State Guide to Resisting Trump’s Executive Orders on Guidance Document Abuse
Competitive Enterprise Institute founder and “despairing optimist” Fred L. Smith, Jr. lamented to me once: “It’s so hard to centrally plan deregulation!”…
The Wall Street Journal
Trump’s Pen Limits Executive Power
President Trump signed two executive orders curbing executive power Oct. 9. They’re a good start, but more is needed.
Blog
This Week in Ridiculous Regulations
Last week’s big stories included a thickening impeachment plot, Energy Secretary Rick Perry’s resignation, and a letter written to the president of Turkey. In a…
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…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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