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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Blog
Minimum Wage Proposal Divides D.C. Workers, Voters
Washington, D.C. has a $12.50 per hour minimum wage. But for tip-earning workers, such as servers and bartenders, the minimum is $3.33 per hour—tips are…
Blog
This Week in Ridiculous Regulations
Angry allies, North Korea, and Chinese tariffs dominated the news last week. Under the radar, regulatory agencies closed in on their 1,500th new regulation of…
Townhall
Reduce, Freeze or Eliminate CAFE Fuel Standards
Townhall cited Sam Kazman on the contribution to casualty rates stemming from automobile related accidents that CAFÉ rules propagate. Even with side air…
Blog
Good News for Young Lemonade Stand Entrepreneurs
Every summer there are news stories about local authorities shutting down children’s lemonade stands over lack of licenses, permits, a lack of restaurant-grade kitchen or…
Forbes
What the AT&T-Time Warner Merger Decision Means for U.S. Regulation
President Donald Trump's moves to streamline federal regulation and unleash infrastructure have in some ways been unprecedented. But some developments could undermine or swamp the…
Blog
Putting the Net Neutrality Scare Stories to Rest
Today is the first day of the Internet operating under the Federal Communications Commission’s Restoring Internet Freedom Order (RIFO), which was adopted last December but is…
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