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: Neck floats and glazed bus portals
President Trump opened a criminal investigation into Federal Reserve Chair Jerome Powell. He also proposed capping credit card interest rates at 10 percent, effective January…
Blog
Free the Economy podcast: Total boomer luxury communism with Russ Greene
In this week’s episode we talk about Trump’s 10 percent credit card interest proposal (and the dangers of populist economics in general),…
Blog
The 2026 Unconstitutionality Index: 18 rules for every law
Article I of the Constitution vests enumerated legislative powers solely with Congress. In practice, however, administrative agencies do most of the lawmaking. Congress enacts weighty…
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Op-Eds
Europe’s REACH Exceeds Its Scientific Grasp
European regulatory officials have raised hostility to technological innovation to an art form. Their current medium of choice is the Precautionary Principle, which holds…
Op-Eds
Europe ‘Reaches’ for Disaster
European regulatory officials have raised hostility to technological innovation to an art form. Their current medium of choice is the Precautionary Principle, which…
News Release
New Chance for Local Telephone Competition
<?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” /> Contact for Interviews: <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Richard Morrison,…
News Release
Connecticut Official Worsens Blackout Worries
Contact for Interviews: <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Richard Morrison, 202.331.2273 …
Op-Eds
A Bright Idea: Deregulate
The massive blackout that shut off lights along the East coast, <?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Midwest and Canada need not…
News Release
Bush’s Choice for EPA Chief Lost Opportunity?
Contact: Jody Clarke, 202.331.2252<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> <?xml:namespace prefix = st1…
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