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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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…
Blog
Barack Obama’s ‘Digital Lines’ to Nowhere
When Barack Obama said in his inaugural address, "We will build the roads and bridges, the electric grids and digital lines that feed our commerce…
Blog
Bad Economic Metaphors: Priming the Pump
President Obama faces the immediate challenge of getting funds again flowing through the financial system. And, apparently, his advisors are relying on “pump priming”—pouring…
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