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
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OPFAIL: Establishing a Congressional Office of Political Failure Analysis
For decades, reformers have proposed some version of a Congressional Office of Regulatory Analysis (CORA), a congressional counterpart to the regulatory oversight apparatus housed within…
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The week in regulations: Black boxes and weather reports
The 2026 Federal Register topped 30,000 pages. President Trump’s Justice Department is poised to give him a $1.776 billion fund he can use to reward…
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Free the Economy podcast: Fighting Medicaid fraud with Parker Thayer
In this week’s episode we cover higher inflation numbers, a strike on the Long Island Rail Road, and new disability tech…
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This Week in Ridiculous Regulations
Scientists may have found potential chemical evidence of life on Venus—phosphine gas, which in Venusian conditions may well have been produced by anaerobic (non-oxygen-using)…
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This Week in Ridiculous Regulations
It was a four-day work week due to Labor Day. There were massive fires along the West coast, and Congress declined to pass a $500…
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Executive Order 13,891 Sub-Regulatory Guidance Document Portal Tops 70,000 Entries
Congress makes laws. Agencies make rules, but they also issue guidance documents in heretofore unknown quantity. The year 2019 brought Executive Order 13891 (“Promoting the…
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This Week in Ridiculous Regulations
As Labor Day marked the unofficial end of summer, the unemployment rate went back down to 8.4 percent, and Attorney General Barr announced that the…
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This Week in Ridiculous Regulations
COVID-19 deaths passed 200,000 in the United States, and are roughly 1 million worldwide. Supreme Court Justice Ruth Bader Ginsburg’s passing sparked a fresh Supreme…
Acton Institute
Thank God for single-use plastic bags
Thank God for single-use plastic bags Acton Institute cites Senior Fellow Angela Logomasini on environmental regulation and consumer freedom. The policy hardly affects one of its…
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