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
The week in regulations: Blacksmith shops and airman certificates
Former Federal Reserve Chairman Alan Greenspan passed away. Neither the Reflecting Pool debacle nor its algae have faded away. PCE inflation is over 4…
Blog
An America250 funeral for the 80-year-old Administrative Procedure Act
Clyde Wayne Crews Jr. As America approaches its 250th anniversary, another institution reaches a milestone of its own. The Administrative Procedure Act of…
Blog
The week in regulations: Cyber sanctions and tinnitus relief devices
Inflation is now more than double the Federal Reserve’s target. The Iran war heated up again. Agencies issued new regulations ranging from vending stands…
Search Posts
Blog
What White House ‘Deregulation Day’ Can Do for Finance and Banking
On Monday the Trump Administration is launching the first ever Deregulation Day, highlighting the benefits of an America liberated from bureaucracy.
Blog
Taxes, Welfare, and Economic Inequality
At a time when comprehensive tax reform is dominating news headlines, concerns about income inequality and the distributional effects of future tax changes are again…
Reuters
Beyond the Daily Drama and Twitter Battles, Trump Begins to Alter American Life
Reuters discusses President Trump’s regulatory rollback with Wayne Crews. Even without delivering on his biggest campaign promises, President Donald Trump has begun to…
Blog
No Reason for Denying Puerto Rico a Jones Act Waiver
The Trump administration should immediately grant a Jones Act waiver to Puerto Rico and Congress should fully repeal the maritime cabotage prohibition.
Blog
Shining a Light on Bureaucratic ‘Dark Matter’
Federal agencies produce guidance documents, proclamations, memoranda, bulletins, circulars, letters—all with the force of the law but with no oversight from Congress.
Reason
How Congress Can Use an Obscure Law From the 1880s to Limit Wasteful Government Contracts
Reason covers the release of Bureaucratic Dark Matter by Robert J. Hanrahan Jr. When the U.S. Army got caught spending $76 million on video games, recruitment…
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