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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America 250 election year rightsizing: Time to get things undone
The new 2026 Ten Thousand Commandments survey of federal regulation and reform landed at an awkward moment. Election cycles tend to crowd out serious thinking…
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The week in regulations: Date taxes and microreactors
It was nearly a 3,000-page week in the Federal Register, roughly double the usual pace. Year-over-year inflation jumped to 3.8 percent, the worst reading since…
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Free the Economy podcast: Pension politics with Jarrett Skorup
In this week’s episode we cover more legal headaches for the Trump tariffs, keeping kids safe in an AI world, and California’s…
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How A New President Can Roll Back Bureaucracy, Part 4: Expand Number of Rules Receiving Cost Analysis
The Office of Management and Budget conducts review of some significant or major rules’ cost-benefit analyses, but not quite as many or as deeply as…
Blog
This Week in Ridiculous Regulations
Agencies issued 78 new regulations last week, ranging from cherries to dairy.
Blog
How a New President Can Roll Back Bureaucracy, Part 3: Review, Revise, Repeal, and Sunset
Short of the moratorium advocated at the top of this series, and in keeping with the spirit of executive orders and retrospective reviews that agencies…
Blog
Appreciate Checks and Balances on Constitution Day
This Constitution Day marks 229 years since the Framers signed the U.S. Constitution following more than four months of debate, votes, and revisions in Philadelphia.
Forbes
Why Future Federal Communications Commission Oversight Hearings Should Explore Sunsetting the Agency
There’s another Federal Communications Commission (FCC) oversight hearing underway in the Senate Commerce Committee, with most of the time being spent on doings with…
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How a New President Can Roll Back Bureaucracy, Part 2: Boost Resources and Free Market Staff
If we must take the central, top-down administrative state as a given—and it seems that for the time being the Constitution is not coming to…
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Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
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Ryan Young
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Fred L. Smith, Jr.
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