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
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…
Blog
The week in regulations: Drug prices and inedible almonds
Sen. Eric Schmitt (R-MO) learned the difference between the Atlanta Hawks and the Iowa Hawkeyes. President Trump rolled back some China tariffs and published…
Blog
Free the Economy podcast: Real-world economics with Paul Mueller
In this week’s episode we cover spiraling health care costs, reforming state-level regulations, and how to keep asset managers accountable…
Search Posts
Blog
Regulation of the Day: Solid Waste
When an agency screws up really badly, political leaders will sometimes change the agency's name. The EPA’s Office of Solid Waste is now called the…
Blog
Obama’s Job-Killing Stimulus Package Replaced Investments With Welfare, Out of Political Correctness
Obama’s $800 billion stimulus package was purged of most investments in roads and bridges, and filled instead with welfare and social spending,…
Blog
Regulation of the Day: Rice Inspection Certificates
Our rice is in crisis. Inspection certificates currently contain some data in the grade line section that better belongs in the results section. Fortunately, the…
Newsletter
Political Science at EPA, Climate Legislation in the House and Consumer Insurance Reform
The Environment Protection Agency suppresses an internal study on global warming for political reasons. The House of Representatives prepares to consider the Waxman-Markey climate bill.
Blog
Obama Backs Corrupt Status Quo in Financial Rules Overhaul
The mortgage crisis was caused largely by the reckless government-sponsored mortgage giants Fannie Mae and Freddie Mac, and by federal affordable-housing…
Blog
Hearings Open on Coercive and Counterproductively Costly Health Care Bill
Congressional Democrats are pushing hard to complete their health care bill before next week’s recess, but their hopes for a quick passage and the…
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
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- Regulatory Reform
Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
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Sam Kazman
Counsel Emeritus
- Antitrust
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Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment