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
Trump’s SOTU conundrum: Deregulation today, swamp tomorrow?
Donald Trump’s 2026 State of the Union (SOTU) address presents an opportunity to confront the federal spending, entitlement, and regulatory behemoth in a new way…
Blog
The week in regulations: Grandfathered driver vision and socializing dogs
The Supreme Court declared President Trump’s IEEPA tariffs unconstitutional. The White House responded by enacting a 15 percent global tariff under a different statute. The…
Blog
Free the Economy podcast: What’s wrong with Congress with Kevin Kosar
In this week’s episode we talk about we talk about Consumer-Regulated Electricity, the amazing falling US poverty rate, and how smart…
Search Posts
Blog
Regulation Roundup
Yet another batch of regulatory bloopers: Motorists entering Tacoma, Washington, with criminal intent are required to telephone the chief of police. It is illegal to…
Blog
Biotechnology’s 29th Anniversary!
Twenty-nine years ago tomorrow, the U.S. Food and Drug Administration approved Eli Lilly’s and Genentech’s Humulin, making it the first ever fully…
Letters
Coalition Letter on Sarbanes-Oxley
Full Document Available in PDF Now that the Senate has defeated the so-called American Jobs Bill, which…
Citation
2012 Candidates Target Costly Enron-Era Law Aimed at Thwarting Accounting Fraud
Blog
Beware of Asking FDA to Change Itself
Every five years, Congress must reauthorize a piece of legislation called the Prescription Drug User Fee Act (PDUFA), which gives the…
Op-Eds
Flat Tax This: Regulations Are the Boot On Hiring’s Neck
It’s almost 2012, and President Obama still wants a half trillion more from you for jobs spendulus. I’m waiting for Rod Serling to explain this…
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