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: Pipeline safety and NFL Draft security
Federal Reserve Chair nominee Kevin Warsh had his confirmation hearing, and President Trump dropped his criminal investigation into Jerome Powell. The government is poised to…
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…
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Blog
Barone is Right: Appeasing Protectionists Is a Bad Idea
President Obama is finally sending three pending trade agreements — with South Korea, Colombia, and Panama — to Congress for a vote. The three trade…
Blog
Poll: 14 Percent Approval Rating for Congress
Lawmakers need to do something about their do-something bias and try a deregulatory stimulus. Besides stimulating the economy, it would likely stimulate approval ratings, too.
News Release
Congress Should Start Quantifying Federal Regulation
Washington, D.C., October 4, 2011—Lawmakers in the nation’s capital seem to be desperate to secure a big fix for the broken American economy. But as…
Study
The Other National Debt Crisis
Runaway federal regulation represents the biggest threat to our economy today. To address the problem, lawmakers first need to define it and quantify its costs.
Op-Eds
Clean Air’s Dirty Residue
A lot has been made of recent court filings in which the Environmental Protection Agency suggested that it needed 230,000 more bureaucrats to regulate…
Op-Eds
Time Out for Federal Regulation
At the moment, the Federal Register stands at 61,247 pages–for 2011 alone. You can see the Code of Federal Regulations from space. Assuming this perturbs…
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