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…
Search Posts
Blog
Auto Bailout Would Kill Jobs, Impoverish Taxpayers
A bailout would be worse for the auto industry than automakers filing for bankruptcy, explains banking and bankruptcy expert Todd Zywicki, a law professor,…
Newsletter
Bailout Indecision, Greenhouse Gas Negotiations and Privatizing Electricity
President Bush and Treasury officials continue to evaluate possible bailout proposals for General Motors and Chrysler. Twenty-seven European countries sign a new agreement to reduce…
Blog
The Cloverfield Monster of the Internet
Earlier posts today dealt with the hoo-ha over Net Neutrality. By coincidence, an anonymous colleague put the following old 1996 quote by Sen. James Exon…
Blog
“Net Neutrality,” RIP? Well, One Can Hope
Net neutrality has long been a threat to Internet users. Despite the rhetoric and appeals to “openness,” it was always an anti-consumer enterprise, irretrievably and…
Blog
Why Not a Wal-Mart Bank?
Seems like every business these days is becoming what’s called a “bank holding company” — seeking the shelter of the federal government’s deposit insurance and…
Newsletter
Auto Bailout, Global Warming Controversy and Free Trade
Senators vote down a bailout proposal for U.S. auto companies. Czech President Vaclav Klaus criticizes a new European agreement on global warming as “a silly…
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