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: Fluid milk options and battleship safety zones
The Court of International Trade struck down President Trump’s Section 122 tariffs. The labor force shrank by 92,000 people over the last year. Agencies issued…
Blog
Free the Economy podcast: Highway robbery with David Ditch
In this week’s episode we cover how to make the moral case for capitalism, affordable housing via regulatory reform, and tracking…
Blog
Deregulation by the numbers: One-third into 2026 — a rulebook rewrite?
At the close of the first third of the year, a spring 2026 Unified Agenda formally outlining agency priorities has yet to appear. In fact,…
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Blog
Al Gore Wants .eco Web Domain…
Since Dot Eco TLD announced that they were seeking establishment as a top level domain (TLD) at ICANN’s (Internet Corporation for…
Blog
Utah: Rated R for Ridiculous
Utah is on the verge of using it’s ‘Truth in Advertising’ bill to pass regulated enforcement of video game ratings. The bill which was in…
Blog
Stimulus Subsidizes Corruption, Waste, Racism
The $800 billion stimulus package signed by Obama not only will make the economy shrink over the long-run, it will pay $88.6 million…
Newsletter
Cybersecurity Turf War, Strongarm Union Tactics and a Beer Battle in Colorado
President Obama’s chief of cybersecurity quits, citing overbearing control by the Department of Defense’s National Security Agency. Prominent Democrats come out against changes…
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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