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
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Free the Economy podcast: Draining the swamp with Jim Bovard
In this week’s episode we cover fake endangered species, Pennsylvania’s climate policy showdown, a robust defense of property rights in New…
Blog
This week in ridiculous regulations: Seat belts and eagle possession
This week’s roundup will be a little different than usual. Since the new year began mid-week, and I already published a breakdown of 2024’s year-end numbers, as…
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Biden’s regulatory landscape: A year-end analysis
As we ring in 2025, the Federal Register reveals a noteworthy chapter in regulatory history under the Joe Biden administration. We take our traditional year-end look at it here. The 2024 Federal Register closed…
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Forbes
The Greater Reset: An “Abuse-Of-Crisis Prevention Act” To Restore Limited Government
Coming in the wake of 9/11 and its Patriot Act, and the 2008 financial meltdown, the pandemic marked the third major economic shock of the 21st Century…
Forbes
The Debt Ceiling Marks Republicans’ Turn to Not Let Crisis Go to Waste
Where does all that talk about teachable moments and national conversations go when government refuses to acknowledge that maybe, just maybe, a …
Forbes
Debt Ceiling, Meet Domestic Forever Wars
Joe Biden proclaimed to the nation that “I was not going to extend this forever war,” referring to the tw0-decade campaign in Afghanistan. To some,…
Forbes
Republicans Should Kill The Bipartisan Infrastructure Bill And Do This Instead
Reminding America that big spending is bipartisan, some Senate Republicans craving the illusion of artful dealmaking …
National Review
Biden’s Regulatory Pen and Phone Must Be Replaced with an ‘Abuse-of-Crisis Prevention Act’
For folks who talk about boring topics such as federal regulation, it’s normal to discuss costs and counts. I’m one of those people. I actually enjoy writing…
Blog
A Sustained Recovery Needs a Deregulatory Stimulus
Over in The Hill, Wayne Crews and I argue that more deficit spending won’t help the COVID recovery. Regulatory reform is more powerful stimulus…
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