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: Highway robbery with David Ditch
In this week’s episode we cover how to make the moral case for capitalism, affordable housing via regulatory reform, and tracking…
Blog
Deregulation by the numbers: One-third into 2026 — a rulebook rewrite?
At the close of the first third of the year, a spring 2026 Unified Agenda formally outlining agency priorities has yet to appear. In fact,…
Blog
The week in regulations: Marine terminal fires and marijuana rescheduling
The Federal Reserve held interest rates steady, and outgoing Chairman Jerome Powell will remain on the Fed’s Board of Governors when Kevin Warsh takes over.
Search Posts
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