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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America 250 election year rightsizing: Time to get things undone
The new 2026 Ten Thousand Commandments survey of federal regulation and reform landed at an awkward moment. Election cycles tend to crowd out serious thinking…
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The week in regulations: Date taxes and microreactors
It was nearly a 3,000-page week in the Federal Register, roughly double the usual pace. Year-over-year inflation jumped to 3.8 percent, the worst reading since…
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Free the Economy podcast: Pension politics with Jarrett Skorup
In this week’s episode we cover more legal headaches for the Trump tariffs, keeping kids safe in an AI world, and California’s…
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Obama and Sarbanes-Oxley Review — The One Sentence Worth 4,000 Words for Jobs
In President Obama’s 33-minute-long speech to Congress on job creation last week, one sentence was worth nearly all the rest of his 4,000 words.
Blog
Infrastructure Si, Infrastructure Bank No
In his Forbes column, James Glassman provides a counterpoint to the Obama proposal to create a national infrastructure bank. Rather than direct funds through…
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Congressional Vote to Halt NLRB Job-Killing Regulations
President Obama and the Senate Democrats' agenda will be put to the test. GOP senators have called for the vote on the Protecting Jobs…
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Law Schools Roundup
St. Louis Post-Dispatch
GOP Attack on Regulations Starting This Week
The St. Louis Post-Dispatch discusses Wayne Crews's report on the size of the federal regulatory burden. Complaints about government overreach are not new,…
St. Louis Post-Dispatch
Will Obama and Congress Slay the Sarbox Job-Killing Monster?
In President Obama’s 33-minute-long speech to Congress on job creation, one sentence was worth nearly all the rest of his 4,000 words. In the…
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