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…
Search Posts
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Morning Media Summary
Tech: The World is Full of Interesting Things: “That’s the name of a brilliant slideshow created by Google’s Creative Labs. You’ll find a…
News Release
Experts Urge Michigan’s Next Governor to Reform Insurance Regulations
Contact: Lee Doren, 202-331-2259 Washington, D.C., October 19, 2010 – Michigan’s next governor has his work cut out for him. It is no secret that…
Blog
Killed by Pension Accounting
Think accounting rules are a boring topic? You wouldn’t if the fate of your business rested on it. Indeed, a rule change may be coming…
Blog
Morning Media Summary
Tech: Facebook in Privacy Breach: “Many of the most popular applications, or “apps,” on the social-networking site Facebook Inc. have been transmitting…
Op-Eds
Delaying Foreclosures Only Adds to Pain
Federal housing promotion policies over-stimulated the supply and demand for housing and that destabilization continues. Efforts to make home ownership a “human right” are partly…
Blog
Restricting What People Eat, Based on the Ignorance of Food Snobs
There are increasing calls for the government to restrict salty food and fast-food restaurants, and tax fast food, to curb obesity. This is especially true…
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