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…
Search Posts
Blog
Regulation of the Day 19: Fospropofol
The Drug Enforcement Administration, would like to schedule fospropofol, approved by the FDA last year for use as an anesthetic, as a Schedule IV controlled…
Blog
Democrats Inconsistent on Senior Death Discount
White House health care policy advisor Ezekiel Emanuel has explicitly endorsed adopting not only comparative-effectiveness and cost-benefit analysis in the health care realm, but also…
Blog
If you like FEMA, you’ll love federal health care, says Jindal
Louisiana Governor Bobby Jindal has an op-ed in today’s Wall Street Journal providing a succinct critique of the Democrats’ health care plan and offering…
Blog
Regulation of the Day 18: Shipping Live Animals
If you ship live animals via the USPS’s Express Mail Service and it takes three days or more, you may be eligible for a refund,…
Comment
Comments on the Federal Communications Commission Report ‘A National Broadband Plan for our Future’
The Commission’s record of alleged “regulatory restraint” toward the telecommunications sector over the past 13 years has come under fire by a number of commenters…
Blog
Want Recovery? Remember Antitrust is Anti-Economy
More restraint is in order when it comes to the Obama administrations intent to escalate “antitrust” enforcement against business and enterprise in America.
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