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: Mariner training and Maryland trash
The federal government’s annual budget deficit hit $2 trillion. Defense Secretary Pete Hegseth pledged to livestream an execution. Thirty-year Treasury bond interest rates continued…
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…
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Letters
Senate Should Reject Dodd-Frank
Full Document Available in PDF The so-called financial “reform” legislation, agreed to by House and Senate Democrats in Conference, and…
Blog
Abolish Law School, Keep the Bar Exam
Elizabeth Wurtzel argues that the bar exam should be abolished because many illustrious lawyer-politicians flunked it on their first try. I disagree. Passing the…
Blog
EPA, Not Jones Act, Blocked Dutch Skimmers
It was apparently the EPA, not the Jones Act, that blocked Dutch skimmers from cleaning up the oil spill in Louisiana in late April:…
Letters
Double Taxation Working Group
Full Document Available in PDF We are writing to express our appreciation for your efforts to protect Americans from tax increases that…
Newsletter
Financial Regulation, Immigration and Climate Legislation
The Senate prepares to vote on a financial regulation bill. A Heritage Foundation report finds that deportation of undocumented immigrants has fallen during the Obama…
News Release
Privatize American Cities? Learning Lessons from Disney’s Experiment with “Private” Government
Washington, D.C., July 14, 2010 – Would governments do a better job of governing if some were privatized? A new case study by the Competitive…
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