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
Here’s how one-in, ten-out is successfully cutting rules — but not draining the swamp
It’s October already, and while there’s no real fiscal year for federal regulation, the September 30 closing of the 2026 budgetary fiscal year marks…
Blog
The week in regulations: Drug prices and inedible almonds
Sen. Eric Schmitt (R-MO) learned the difference between the Atlanta Hawks and the Iowa Hawkeyes. President Trump rolled back some China tariffs and published…
Blog
Free the Economy podcast: Real-world economics with Paul Mueller
In this week’s episode we cover spiraling health care costs, reforming state-level regulations, and how to keep asset managers accountable…
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Letters
Oppose the Federal Stimulus Bill
We the undersigned public interest organizations, representing millions of members and supporters nationwide, hereby call upon you to reject the $819 billion spending bill that…
Blog
Obama’s defense of weatherizing homes as “stimulus” with Anderson Cooper on CNN is priceless
The President actually said: –it puts people to work –it saves families on their energy bill –it reduces dependence on foreign oil.
Op-Eds
Eli Lehrer: “The U.S. government has no business taking over banks.”
Nationalize U.S. Banks: In light of the financial crisis, the U.S. should nationalize banks, taking over the most troubled ones. Pro: The…
Letters
No Midnight Rulemaking
Full Document Avalible in PDF Chairman Steve Cohen 1004 Longworth House Office Building Washington DC 20515 February 3, 2009 Dear Chairman Cohen:…
Blog
The Smart Way to Provide Power
It’s not often I disagree with Ron Bailey, but his article about the “Smart Grid” today glosses over the main reason why electric companies…
Blog
Stimulus Plan Repeats Mistakes That Spawned Great Depression
The European Union is threatening a trade war over provisions in the $800 billion “stimulus” package backed by Obama and Congressional leaders. The Great…
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