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: Pipeline safety and NFL Draft security
Federal Reserve Chair nominee Kevin Warsh had his confirmation hearing, and President Trump dropped his criminal investigation into Jerome Powell. The government is poised to…
Blog
Free the Economy podcast: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
Blog
The week in regulations: Drone settlements and gambling losses
The 2026 Federal Register topped 20,000 pages. President Trump got into a feud with the Pope. Agencies issued new regulations ranging from mail standards to…
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Op-Eds
Dodd-Frank is not “Financial Reform,” it’s More Big Government Lunacy
The 2,315 page Dodd-Frank financial regulation bill should not be called “financial reform.” Instead, it should be called what for what it is: pages and pages of…
Letters
Senate Should Reject Dodd-Frank
Full Document Available in PDF The so-called financial “reform” legislation, agreed to by House and Senate Democrats in Conference, and…
Blog
Abolish Law School, Keep the Bar Exam
Elizabeth Wurtzel argues that the bar exam should be abolished because many illustrious lawyer-politicians flunked it on their first try. I disagree. Passing the…
Blog
EPA, Not Jones Act, Blocked Dutch Skimmers
It was apparently the EPA, not the Jones Act, that blocked Dutch skimmers from cleaning up the oil spill in Louisiana in late April:…
Letters
Double Taxation Working Group
Full Document Available in PDF We are writing to express our appreciation for your efforts to protect Americans from tax increases that…
Newsletter
Financial Regulation, Immigration and Climate Legislation
The Senate prepares to vote on a financial regulation bill. A Heritage Foundation report finds that deportation of undocumented immigrants has fallen during the Obama…
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