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
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…
Blog
Biden’s regulatory landscape: A year-end analysis
As we ring in 2025, the Federal Register reveals a noteworthy chapter in regulatory history under the Joe Biden administration. We take our traditional year-end look at it here. The 2024 Federal Register closed…
Search Posts
Products
Chapter 6: Another Dimension of Regulatory Dark Matter: Over 21,000 Agency Public Notices Annually
Along with presidential proclamations are those of departments and agencies. Without actually passing a law, government can signal expectations, specify parameters for, and influence…
Products
Chapter 1: Biden’s Regulatory “Modernization” Expanding Government Affirms the Unworkability of Administrative State Rule
Where recent editions of Ten Thousand Commandments began by surveying of approaches the Trump administration took to streamline red tape as well as of Trump’s…
Products
Chapter 2: Beyond a Federal “Regulatory Budget”
Federal programs get funded either by taxes or by borrowing against a promise to repay with interest from future tax collections. When Congress spends, no…
Products
Chapter 5: The Presidential Dimension of Regulatory Dark Matter: Executive Orders and Memoranda
Executive orders, presidential memoranda, and other executive actions make up a large component of executive “lawmaking.” They merit attention from lawmakers, since they can have,…
Products
Chapter 3: What Comes after “Trillion”? The Unknowable Costs of Regulation and Intervention
The cumulative high end for costs in the three recent fiscal years is around $4.6 billion, compared to around $105 billion for the prior 10…
Products
Chapter 4: Tens of Thousands of Pages and Rules in the Federal Register
The Federal Register is the daily repository of all proposed and final federal rules and regulations. Although its number of pages is…
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