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: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
Blog
The week in regulations: Drone settlements and gambling losses
The 2026 Federal Register topped 20,000 pages. President Trump got into a feud with the Pope. Agencies issued new regulations ranging from mail standards to…
Blog
Free the Economy podcast: How to Get What You Want with Josh Bandoch
In this week’s episode we cover AI development in China, how large investors recycle homes, and why permitting reform needs to…
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Study
Rethinking the Department of Commerce
View Full Document as PDF The Department of Commerce’s mission statement is a charter for government interference in markets. It employs 47,000…
Blog
Happy India Independence Day
Today is the 70th anniversary of India’s independence from the United Kingdom, and the nation of 1.3 billion people has seen dramatic economic and social…
Forbes
Warning: Federal Government Deems Fidget Spinners An “Emerging Hazard”
Don’t eat your fidget spinner. I guess that’s what the Consumer Product Safety Commission (CPSC) is trying to tell us now.
News Release
Improving Job Numbers Emerge but Damaging Regulations Remain a Problem
The U.S. economy added 209,000 jobs in July and the unemployment rate declined to 4.3 percent, the lowest since March 2001, according to the U.S.
Morning Consult
Trump Administration Hits Snags in Effort to Halt Environmental Rules
Morning Consult discusses deregulatory happenings at the EPA with Myron Ebell. While the Trump administration has been aiming to make good on promises…
Blog
Can You Make a Living without a Government License?
There is an expanding strange-bedfellows coalition that would like to see fewer professions for which people need a government-issued license.
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