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.
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Blog
Has Washington bought off the deregulatory movement?
Back during the Biden administration, I noted how rising federal spending and regulation seemed to swap unfunded mandates for funded ones – turning what should…
Blog
The week in regulations, shutdown edition: Mackerel and helicopters
The continuing shutdown made for another slow week in the Federal Register. The four-day week’s total of five proposed regulations, six proposed regulations, and 131…
Blog
Free the Economy podcast: Energy diversity and abundance with Stephen Perkins
In this week’s episode we talk about the 2025 Nobel Prize in Economics, eliminating the Consumer Financial Protection Bureau, why we…
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Op-Eds
Who Is Watching the Watchdog?
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Today in the D.C. Circuit Court of Appeals, outspoken hedge fund manager…
News Release
SEC Changes Policy to Combat Potential Bird Flu Epidemic
Washington, D.C., December 6, 2005—In a move that could save thousands of lives, the U.S. Securities and Exchange Commission has cleared the red tape of…
News Release
Misspending, Abuses Marks Tobacco Settlement Anniversary
Christine Hall, 202.331.2258 Washington, D.C., November 28, 2005—Seven years ago this month, the states signed the biggest settlement deal in history with major tobacco…
News Release
Sen. Hillary Clinton Pushes for Faster FDA Approvals?
Contact: Jody Clarke, 202.331.2252 Washington, D.C., November 18, 2005—On her trip to Israel this week, Senator Hillary Clinton (D-NY) took part in a photo-op…
News Release
Supreme Court Nominee Alito Good News
Washington, D.C., October 31, 2005—The President's nomination of Third Circuit Judge Sam Alito to serve on the Supreme Court is good news.<?xml:namespace prefix…
Ideas in Action
LordD have MerCIe Vpon Vs
In some places in London, you can find scratched on old walls the imprecation, LorD haVe MerCIe Vpon Vs. The curious arrangement of the capital…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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