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…
Search Posts
Blog
Regulation of the Day 44: Soil Scientists
In Wisconsin, you need a license to work as a soil scientist.
Blog
No Savings from Preventive Care
A new study published in the journal Health Affairs calls into question claims by congressional Democrats and President Obama that mandatory coverage of preventive care…
Citation
Ted Kennedy… the Deregulator?
Blog
Economics 101: Where Do Monopolies Come From?
Bryan Caplan says there are only two ways for a monopoly to form: government protection, or being the best.
Newsletter
A Doctor Shortage, Cap and Trade in the Senate and TARP Transparency
The American Medical Association lobbies Congress to restrict the number of new doctors in the U.S. Senate sponsors of “cap and trade” global warming legislation…
Blog
Regulation of the Day 43: Telemarketing
It is a federal offense for telemarketers to charge their customers without permission. In English, this is called stealing. Which was already against the law…
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