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: Waters of the United States and ASCII formatting
The country reflected on the 25th anniversary of the September 11, 2001 terrorist attacks. President Trump promised a $5,000 check to every American adult…
Blog
The week in regulations: Honey taxes and airline delays
August’s job numbers were better than expected. President Trump threatened to cut off trade to all nations that export more to America than they…
Washington Examiner
It took 410 days to build the Empire State Building. Today, the EPA wouldn’t even pass the blueprint
When Congress gets back from its August recess, bipartisan permitting reform talks are expected to continue. There’s no reason…
Search Posts
Blog
Red Tape Rollback: Trump Least-Regulatory President Since Reagan
The Trump mode has been to regulate bureaucrats rather than the public. New, large-scale regulation has largely stopped in 2017, and where it hasn’t, new…
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.
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