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
The week in regulations: Mariner training and Maryland trash
The federal government’s annual budget deficit hit $2 trillion. Defense Secretary Pete Hegseth pledged to livestream an execution. Thirty-year Treasury bond interest rates continued…
Blog
Free the Economy podcast: Competition and innovation with Jack Nicastro
In this week’s episode we cover the case of Suncor v. Boulder County at the Supreme Court, the problems with the Los…
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…
Search Posts
Blog
Avoiding Political Erectile Dysfunction
According to the Congressional Budget Office, “Bailout to Nowhere” money for the proposed new infrastructure stimulus won’t be spent within the next two years–far too…
Blog
The Not So Good, the Bad, and the Really Ugly
Not all stimulus programs are created equal. If the goal of the latest economic bailout package that Congress is considering is as President Elect Obama…
Newsletter
Full Stop on New Regulations, Infrastructure Confusion and the Problem with ‘Priming the Pump ‘
President Obama orders a halt to implementation of all pending federal regulations. President Obama calls for increased spending on roads, bridges and electrical grids. President…
Blog
New Federal Regulation Hits a Full Stop
According to press reports, President Barack Obama has ordered a full stop to all pending federal regulations. Funny, I didn’t hear anything about that…
Blog
Milton Friedman counters Kennedy inaugural–and Obama’s
Before President Barack Obama gave his inaugural address, it had been reported that he was heavily studying John F. Kennedy’s speech at…
Blog
HIGH NOON PASSES–Global Warming Doesn’t Show Up At The Inaugural
Well, the noon temperature in Washington DC at the President Obama’s swearing-in was 28 degrees F., eight degrees colder than when Bush…
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