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: Kids, social media, and the First Amendment with Jessica Melugin
In this week’s episode we cover budget reconciliation and deficit spending, the burdens of Total Boomer Luxury Communism, and how to counteract…
Blog
Federal regulation 1st quarter 2026 report: Bureaucracy on the back foot
Here at the close of the first quarter of 2026, the March 31 Federal Register stands at 16,115 pages, containing 609 final rules and 416…
Blog
The week in regulations: Resettling refugees and sea otter casualties
TSA lines reached their longest-ever wait times, bolstering the case for privatizing airport security. President Trump’s signature will appear on US currency starting later this…
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Newsletter
A Doctor Shortage, Cap and Trade in the Senate and TARP Transparency
The American Medical Association lobbies Congress to restrict the number of new doctors in the U.S. Senate sponsors of “cap and trade” global warming legislation…
Blog
Regulation of the Day 43: Telemarketing
It is a federal offense for telemarketers to charge their customers without permission. In English, this is called stealing. Which was already against the law…
Blog
Hoover and the Great Depression
It’s certainly possible to blame Herbert Hoover’s policies for the Great Depression. Just not on the grounds that those policies were free-market.
Blog
Regulation of the Day 42: Hearing Aid Calibration
In Virginia, state law requires hearing aids to be calibrated at least annually. Records must be kept for three years.
Op-Eds
Kennedy’s Lasting Gift to America: Airline Deregulation
Tributes are pouring in for Edward M. “Ted” Kennedy, who lost his battle with brain cancer late Tuesday evening at the age of 77.
Op-Eds
Slothful Bureaucracy Fails to Protect the Public
Gene Healy was right to criticize the bloated bureaucracy that is the Department of Homeland Security. Its worst feature is the Transportation Security Administration…
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