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…
Search Posts
Newsletter
The Cost of Government, Carbon Taxes and Sugar Subsidies
Today is Tax Day, the day when Americans think most about how much the government is costing them. James Hansen writes in The Huffington Post,…
Blog
Ten Thousand Commandments
Federal regulations cost as much as the income tax plus another quarter-trillion -- $1.24 trillion in all. Read all about it in the freshly-released 2010…
News Release
Report Reveals Crushing, Hidden Tax of ‘10,000 Commandments’ of Federal Regulation
Washington, D.C. April 15, 2010 – Federal regulations cost a whopping $1.187 trillion last year in compliance burdens on Americans. That’s the finding of…
Blog
Green Thumbs and GMOs
A friend just recommended this op-ed published in the Boston Globe on Sunday. The title and subtitle say it all: "Green Thumbs: Genetically engineered crops…
Blog
Do we really want to be like Europe?
With the passage of ObamaCare, we’ve taken another giant step towards Europeanizing America. Tragically, our history shows a steady trend in that direction, with government…
Newsletter
Liquor Licensing, Off-label Drugs and Fannie & Freddie
A new proposal in New York to set up a “medallion” system of liquor-licensing will serve as a compromise between wine retailers and grocery store…
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