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: Professional fireworks and farmer training
The 2026 Federal Register topped 50,000 pages and is on track to exceed 85,000 pages for the year. The economy lost 23,000 jobs, yet…
Blog
Free the Economy podcast: The Independence Index with Marc Wheat
In this week’s episode we cover the effect of tariffs on car prices, trends in electricity supply and demand, and the…
Blog
The week in regulations: Peach diversion programs and nuclear packages
The Federal Reserve kept interest rates the same, and an increase may be on the way. Economic growth remained below average, and inflation remained…
Search Posts
Watchdog
More Briefs Filed with SCOTUS in Forced Union Dues Case
Watchdog cited Trey Kovacs on the longstanding circumstance of union workers being forced to pay for controversial political activities for unions by the government. …
The Daily Caller News Foundation
EPA Responded to The DCNF’s FOIA Request Two-And-A-Half Years Late
TheDCNF quoted Chris Horner on the difficulty which conservatives face when submitting FOIA requests to the EPA compared to environmentalists. The Environmental Protection…
PGRI
Supreme Court Decision Could Open Door for Sports Betting in Pennsylvania
PGRI cited Michelle Minton on the liklihood that judges will overturn the federal sports betting ban on behalf of the state of New Jersey. …
PRWeb
Take Off the Veneer of Certainty On Climate Change Science Says Friends of Science Society
PRWeb cited Rupert Darwall on the need for reanalyzing climate ideology based on scientific uncertainty and the politicization of scientific evidence surrounding the climate debate.
Newsmax
Mulvaney Must End CFPB’s Big Brother Role
Just after Thanksgiving, when the drama of the dueling directors began at the Consumer Financial Protection Bureau (CFPB), I told The Washington Examiner that the new…
FEE
Blockchain Technology Requires Permissionless Innovation to Flourish
Blockchain has been hitting the headlines recently. Once regarded as a niche interest for technologically experienced libertarians and other computer nerds, cryptocurrencies like Bitcoin are…
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