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: Grandfathered driver vision and socializing dogs
The Supreme Court declared President Trump’s IEEPA tariffs unconstitutional. The White House responded by enacting a 15 percent global tariff under a different statute. The…
Blog
Free the Economy podcast: What’s wrong with Congress with Kevin Kosar
In this week’s episode we talk about we talk about Consumer-Regulated Electricity, the amazing falling US poverty rate, and how smart…
Blog
Trump’s deregulation meets invisible rulemaking: The real 2026 challenge
After a brief shutdown, most fiscal year 2026 appropriations have been enacted, despite continued debate over Department of Homeland Security (DHS) funding. We may soon…
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To fix government, reform its agencies
Another way would be legislation to have all laws/rules of executive agencies be subject to economic impact studies which would show the dollar amount and…
Statesman
Senators, protect us from the EPA
According Wayne Crews of the Competitive Enterprise Institute, President Obama issued 953 “major regulations” (meaning regulations with a cost of $100 million or more, or…
Blog
Qualified Mortgage Rule Is One Of Many Dodd-Frank Boots To Drop
The first thing that should be said about today's "qualified mortgage" rule is that it is just one of many new regulations the Consumer Financial…
Blog
How About Some Intellectual Diversity At The Labor Department?
As the cabinet turns: Hilda Solis announced this week that she will soon be stepping down from her post as secretary of labor. Solis, a…
Blog
Alcohol Regulation Roundup: New Year Edition 2013
With a new year comes a new opportunity to take stock in our past endeavors and renew our goals for the future. While many a…
Blog
Feds Say Hybrid Electric Vehicles Too Quiet, Noisemakers Should Be Mandated
Green paternalists often gush about the great potential for hybrid electric automobiles to reduce negative externalities, or social costs, such as local air pollution and…
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