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
Deregulation by the numbers: One-third into 2026 — a rulebook rewrite?
At the close of the first third of the year, a spring 2026 Unified Agenda formally outlining agency priorities has yet to appear. In fact,…
Blog
The week in regulations: Marine terminal fires and marijuana rescheduling
The Federal Reserve held interest rates steady, and outgoing Chairman Jerome Powell will remain on the Fed’s Board of Governors when Kevin Warsh takes over.
Blog
Free the Economy podcast: The business of Federalism with Derek Kreifels
In this week’s episode we cover childcare in the 50 states, how to fix rising healthcare costs, the new Institute for…
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Blog
Experts Question Enormous Cost and Constitutionality of Healthcare Legislation
The health care legislation backed by the president and congressional leaders will increase Americans’ health care costs by more than $200 billion,…
Newsletter
CIA Climate Data, Fannie and Freddie Absent and Health Insurance and Antitrust
The Central Intelligence Agency shares classified satellite data with climate researchers. Executives from Fannie Mae and Freddie Mac are conspicuously absent from the first hearing…
Citation
Sarbanes-Oxley: Albatross to Growth
Op-Eds
Financial Crisis Hearing Is Partisan Sham
Today marks the first-ever meeting of the Financial Crisis Inquiry Commission, which is charged with investigating the causes of the mortgage meltdown.
Op-Eds
Sarbanes-Oxley: Albatross to Growth
Many economists, policy makers, and members of Congress of both parties are questioning whether what is good for the Big Four accounting firms is…
Blog
Regulation of the Day 99: Salty New Yorkers
New York City is seeking to regulate how much salt is in peoples' food. Enforcement will prove difficult; most food that New Yorkers eat comes…
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