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
Free the Economy podcast: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
Blog
The week in regulations: Drone settlements and gambling losses
The 2026 Federal Register topped 20,000 pages. President Trump got into a feud with the Pope. Agencies issued new regulations ranging from mail standards to…
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Free the Economy podcast: How to Get What You Want with Josh Bandoch
In this week’s episode we cover AI development in China, how large investors recycle homes, and why permitting reform needs to…
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Op-Eds
Supreme Court To Hear Sarbanes-Oxley Challenge
A major government abuse of power is about to get much-needed scrutiny, thanks to the Supreme Court, which this week decided to hear…
Blog
Victory for Capitalism in World’s Largest Democracy
India’s Congress Party was responsible for many mistakes when it turned India into a corrupt socialist state in the 1960s and 70s, but it changed…
Blog
Adviser Admits Obama’s Tax Increases May Kill Economic Recovery
Harvard economist Martin Feldstein, warns that “the barrage of tax increases proposed in President Barack Obama’s budget could . . . kill any chance of…
Blog
Law Professors Urge Supreme Court to Review Challenge to Powerful Agency, in Free Enterprise Fund v. Public Company Accounting Oversight Board
Tomorrow, the Supreme Court will weigh whether to decide what a federal judge called the “the most important separation-of-powers case regarding the President’s appointment…
Newsletter
Europe Investigates Intel, Obama Explodes the Deficit and Minnesota Jumps on the Banned Wagon
European antitrust officials prepare to rule in an investigation of Intel’s microchip marketing practices. The White House estimates that the deficit will explode to $1.8…
Newsletter
Chrysler’s Bankruptcy, Small Businesses Fight Back and New York’s War on Bottled Water
Financial analysts size up what Chrysler’s entrance into Chapter 11 bankruptcy means for customers and employees. Small business owners band together to oppose new union…
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