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
Abolish, shuffle, repeat: The SOTU’s ill omen for federal retrenchment
Shrinking the federal government and abolishing agencies sounds simple — decisive, even. In practice, however, it appears neither can be done under modern administrative-…
Blog
Trump’s SOTU conundrum: Deregulation today, swamp tomorrow?
Donald Trump’s 2026 State of the Union (SOTU) address presents an opportunity to confront the federal spending, entitlement, and regulatory behemoth in a new way…
Blog
The week in regulations: Grandfathered driver vision and socializing dogs
The Supreme Court declared President Trump’s IEEPA tariffs unconstitutional. The White House responded by enacting a 15 percent global tariff under a different statute. The…
Search Posts
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DOJ to Investigate Microsoft-Yahoo Search Partnership
As expected, The Department of Justice is launching an antitrust investigation into the Microsoft-Yahoo search engine partnership. As I've said before, this is not an…
Blog
Why I Want a Public Option in the Health Care Bill
A bill with a public option will probably not pass. Too much opposition. But one without it probably will.
Blog
New Credit Card Regulations Wipe Out Cash Back and Rewards Programs, Punish Responsible People
If your credit is good, or your credit card balance is low, you may soon pay more on every credit card bill. Why? Congress passed…
Blog
Regulation of the Day 37: Lemonade Stands
It is illegal for children to sell lemonade in New York City without a permit.
Op-Eds
Don’t Ban but Expand Them
In proposing his new financial regulations this summer, President Obama pledged to get tough on the big Wall Street banks whose risky practices are…
Blog
Cash for Clunkers Sputters to an End
The Transportation Department announced today that it will wind down the Cash for Clunkers program, which the Obama administration promoted as a way to both…
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