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
Beer for my Horses
The global-warming industry would probably still be solely owned by assoted cranks and romantics (and the odd vice president) if it weren’t for a…
Blog
Regulation of the Day 51: Mandatory Hand Sanitizing
In Jersey City, New Jersey, the school district is requiring students to “sanitize their hands when they walk into the class in the morning, before…
Newsletter
Obama on Wall Street, EPA Backlash and Health Care Roadblocks
President Obama gives a major speech in New York on the future of Wall Street. The Environmental Protection Agency’s attempt to censor data on global…
Blog
Obama scolds Wall Street, but targets Main Street with regs
One year after the Wall Street meltdown, President Obama…
Blog
Regulation of the Day 50: Tires from China
The burden is on tariff supporters to explain why they think people who live in one country are more deserving of economic opportunity than people…
Blog
Scientist Who Saved a Billion Lives Dies; Congress Blocks Reform of Law Based on Junk Science
Norman Borlaug, the scientist who saved a billion lives by fathering the Green Revolution, died Saturday at the age of 95. His work…
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