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
Free the Economy podcast: Competition and innovation with Jack Nicastro
In this week’s episode we cover the case of Suncor v. Boulder County at the Supreme Court, the problems with the Los…
Blog
Here’s how one-in, ten-out is successfully cutting rules — but not draining the swamp
It’s October already, and while there’s no real fiscal year for federal regulation, the September 30 closing of the 2026 budgetary fiscal year marks…
Blog
The week in regulations: Drug prices and inedible almonds
Sen. Eric Schmitt (R-MO) learned the difference between the Atlanta Hawks and the Iowa Hawkeyes. President Trump rolled back some China tariffs and published…
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The Washington Times
Freezing the Paris Climate Accord is a job for the Senate
The Washington Times published an article written by Marlo Lewis reviewing the future of American energy independence and the shackling of the American economy under…
Forbes
Louder Applause + Less Regulation = Greater Entrepreneurship
Unleashing entrepreneurship is a global imperative, evidenced by worldwide governmental passion for classifying and measuring entrepreneurship, such as the World Bank's Doing Businessreport series, and by…
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…
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