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…
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The Washington Times
Judge Rules in Favor of Trump in Battle Over CFPB Leadership
The Washington Times quoted Sam Kazman on the blocking of Leandra English in taking control of the CFPB as acting director. A federal…
The Washington Times
Trump Signs Legislation to Repeal Obama-Era Arbitration Rule
The Washington Times quoted Iain Murray on the need for Congress to disapprove of the CFPB’s egregious rule against small dollar loans. President Trump signed…
The Washington Times
Protecting Consumers from Fraud and Abuse
Following Richard Cordray’s resignation as director of the Consumer Financial Protection Bureau (CFPB), the smart money is betting that President Trump will appoint Mick Mulvaney, head…
The Washington Post
This group thinks Trump hasn’t done enough to unravel environmental rules. Here’s its wish list.
The Washington Post quoted Myron Ebell on the failings of the personnel process within the EPA as being a major cause of dysfunction for the…
Washington Examiner
Payday-loan borrowers need protection from the poorly-named Consumer Financial Protection Bureau
In an epic, down to the wire vote last week Congressional Republicans narrowly overturned a regulation that would have enriched lawyers at the expense of…
Townhall
Beware the Dangers of Online Gambling Says Wildly Rich, Totally Uninterested Casino Owner
Townhall cited Michelle Minton on the fact how at least one-percent of gamblers, no matter the restrictions or type of gambling, they will develop a…
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