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
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…
Blog
Free the Economy podcast: What’s wrong with Congress with Kevin Kosar
In this week’s episode we talk about we talk about Consumer-Regulated Electricity, the amazing falling US poverty rate, and how smart…
Search Posts
Blog
Bank Robbers for Transparency!
The news that the Federal Government has forced UBS to give up the details of 4000 of its customers’ transactions has other financial institutions…
Blog
Regulation of the Day 36: Buying American
The $787,000,000,000 stimulus contains a provision requiring the Department of Homeland Security to buy american textiles. Basically, that means TSA uniforms will go up in…
Blog
UBS Deal Only a Partial Victory for the Feds
Today, after a long and protracted battle between the U.S. and Swiss government, Swiss bank UBS AG agreed to turn over the names of at…
Newsletter
The Future of Coal, Rose Friedman and Florida Insurance
Environmental activists try to shut down and limit the use of coal-fired power plants. Economist and author Rose Friedman dies at age 98. Florida’s insurance…
Blog
Regulation of the Day 35: Doctors with Borders
In 49 states, it is illegal to practice medicine outside of the state in which you are certified. Tennessee is the lone state with an…
Overlawyered
July 16 Roundup: Chronicling the High Cost of Our Legal System
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