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
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…
Blog
Free the Economy podcast: How to Get What You Want with Josh Bandoch
In this week’s episode we cover AI development in China, how large investors recycle homes, and why permitting reform needs to…
Search Posts
Newsletter
Obama on Global Warming, Blocking Net Neutrality and Car-Free Day
President Obama delivers a speech before the United Nations, saying that the U.S. is “determined to act” on global warming. Republican senators announce legislation that…
Blog
Regulation of the Day 54: Shovelnose Sturgeon
Why does the Fish and Wildlife Service want to list it as a threatened species? Because it looks like the pallid sturgeon, which is currently…
Blog
Regulation of the Day 53: Y2K
In which the case for regulatory sunset provisions is inadvertently made.
Blog
An Independent Analysis
The Greens keep trying to change the subject when it comes to what the released Treasury documents about cap-and-trade actually show. They’ve got a bunch…
Blog
Public Option Is Not The Worst Aspect Of ObamaCare
"If liberal health-care reform is going to make people better off, why does it require "a very harsh, stiff penalty" to make everyone buy it?…
Blog
Firing Blanks on FOIA Part II
In his update to his post, Declan McCullagh notes an objection by the Center for American Progress: The fourth objection is the most compelling.
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