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: Roadless areas and squid quotas
The national debt topped $40 trillion. Vice President JD Vance argued for ending the dollar’s status as the world’s reserve currency. The Treasury Department…
Blog
Free the Economy podcast: Housing abundance and affordability with Luca Gattoni-Celli
In this week’s episode we cover J.D. Vance and the strength of the US dollar, how to track extreme weather events,…
Study
The Protection Paradox
The everyday American expects certain basic services from her government. She expects her roads to be maintained, her mail to be delivered, and her…
Search Posts
Blog
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…
Blog
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…
Blog
The week in regulations: Fluid milk options and battleship safety zones
The Court of International Trade struck down President Trump’s Section 122 tariffs. The labor force shrank by 92,000 people over the last year. Agencies…
Blog
Free the Economy podcast: Highway robbery with David Ditch
In this week’s episode we cover how to make the moral case for capitalism, affordable housing via regulatory reform, and tracking…
Town Hall
Data Center Freak-Out
Town Hall cites Research Fellow Paige Lambermont on data cen “If our economy was allowed to develop at the speed of Bernie Sanders, we…
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…
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
