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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Trump’s Regulatory Reform Agenda by the Numbers, Summer 2020 Update
The administration released the Spring 2020 Unified Agenda of Federal Regulatory and Deregulatory Actions. Its purpose is to lay out regulatory priorities of the federal…
Forbes
How Donald Trump Has Cut Regulation – But Also Added It
Spending control and deficit restraint are indispensable to a nation’s stability and long term economic health. Before the economic lockdown, federal debt service was already…
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This Week in Ridiculous Regulations
Consumer spending rose 8.2 percent in May, a new record that gives hope for a quicker economic recovery. On the other hand, new coronavirus cases…
Forbes
Regulating Social Media Content Moderation Will Backfire And Make Big Tech More Powerful
As repeatedly noted by defenders of free speech, expressing popular opinions never needs protection. Rather, it is the commitment to protecting dissident expression that is…
Blog
Podcast: Reforming #NeverNeeded Regulations
The John Locke Foundation has released a Rebound Plan for North Carolina, where it is based—the basketball reference is a nice touch. It contains reform…
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This Week in Ridiculous Regulations
Trade protectionists have taken to calling free traders soft on China. According to John Bolton’s forthcoming book, it turns out to be the other way…
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