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…
Search Posts
Blog
Here We Go Again: Steel and Aluminum Tariffs and Peter Navarro
A new 25 percent steel tariff and a 10 percent aluminum tariff have come into effect. The levies are aimed at our allies, such as Canada,…
Blog
This Week in Ridiculous Regulations
Despite a four-day workweek, federal agencies still exceeded the previous week’s Federal Register page count by nearly a hundred pages, pushing the yearly total past…
The Washington Post
Trump’s Orders Show Unwavering Attack on Federal Unions, Employees
The Washington Post cited Ian Murray on the sweeping reform occurring throughout the federal government since the Trump administration instituted new procedures through which federal…
Federal Times
Official time use: vital for feds or a waste of time?
Federal Times cited Trey Kovacs on the negative impact which official time imposes on dispute resolution in the bargaining process. Federal employee use of…
The Daily Caller
Facebook And Google Accused Of Violating Europe’s New Law On The First Day
The Daily Caller cited Ryan Radia on the impact of GDPR in enabling favorable market conditions to the dismay of small businesses. “The…
The New York Times
Trump Moves to Ease the Firing of Federal Workers
The New York Times cited Kent Lassman on the conditions which have ensued where workplace equity has increased following changes to federal regulation set in…
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