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
Study
The Environment, the Law, Markets, and the Path Forward
Introduction The Pharos Foundation at Jesus College, a constituent college of the University of Oxford, invited me to speak at an on-campus forum in May.
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…
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News Release
April 15th Tax Burden Worsened by Hidden Taxes
April 15th Tax Burden Worsened by Hidden Taxes Americans Hit by Excessive Federal Regulations, Threatened by New Energy Rationing Washington, D.C., April 14,…
Blog
Broadband Stimulus Plan: Spend First, Ask Questions Later
There has been some noise in technology circles the last week over the FCC comment period or Notice of Inquiry (NOI) in regards to the…
Blog
Don’t Change Interchange
Overstock.com President Jonathan E. Johnson recently penned an op-ed that appeared in The Washington Times last week in which he argued for government regulation…
Op-Eds
Deregulate to Stimulate
Few Americans are aware of the massive scope of the federal regulatory enterprise. It is hardly common knowledge that 4,004 rules from nearly 70…
Blog
Federal Budget Deficit Skyrockets; $163,000 More in Taxes
“The budget deficit increased by $192.3 billion in March, and is near $1 trillion just halfway through the budget year.” It’s going to…
Blog
Jack Dreyfus, FDA Reform Pioneer
My colleague John Berlau wrote a nice obituary of mutual fund pioneer Jack Dreyfus that was published in Investor’s Business Daily earlier this week.
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