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: Mariner training and Maryland trash
The federal government’s annual budget deficit hit $2 trillion. Defense Secretary Pete Hegseth pledged to livestream an execution. Thirty-year Treasury bond interest rates continued…
Blog
Free the Economy podcast: Competition and innovation with Jack Nicastro
In this week’s episode we cover the case of Suncor v. Boulder County at the Supreme Court, the problems with the Los…
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…
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Library of Law and Liberty
Regulatory Reform: A Few (Not So) Easy Pieces
Library of Law and Liberty discusses midnight regulations from the Obama administration with Wayne Crews. Yes: you can dismiss REFORM as starry-eyed. It…
Blog
DeVos Hearing Generates Misleading Attacks on Civil Liberties Group FIRE
Betsy DeVos, who was recently nominated to be the next Secretary of Education, has been attacked because she and her husband reportedly made donations to a civil-liberties…
Blog
Where Have All the Startups Gone? New Research from eBay and EIG
Recently eBay’s public policy team here in Washington, D.C. presented a fascinating program on economic growth and new business start-ups.
Study
Resale Pricing in the Contact Lens Industry
View Full Document as PDF More than 30 million Americans wear contact lenses. In recent years, contact lens technology has improved, offering…
Forbes
Donald Trump’s 100 Day Executive Action Agenda
New presidents emphasize 100-day priorities, but president-elect Donald J. Trump likely has a 100-minute agenda. An early post-election action instructed transition managers to “develop…
Blog
This Week in Ridiculous Regulations
In a mere nine working days, the 2017 Federal Register has nearly reached 5,000 pages; the midnight hour approaches.
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