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.
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Blog
The 2026 Unconstitutionality Index: 18 rules for every law
Article I of the Constitution vests enumerated legislative powers solely with Congress. In practice, however, administrative agencies do most of the lawmaking. Congress enacts weighty…
Blog
The week in regulations: Taconite and label shapes
President Trump deposed Venezuelan dictator Nicolas Maduro and embarked on a nation-building project. ICE agents killed an American citizen in Minnesota. Agencies issued new regulations…
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Free the Economy podcast: FDR’s political legacy with David Beito
In this week’s episode we talk about communist housing policy in New York City, the best economics and history books to read…
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News Release
Anti-Globalization Movement in Retreat in Cancún
The Anti-Globalization Movement is in retreat at the World Trade Organization’s (WTO) Ministerial meeting; and advocates of open trade now have an opportunity to make…
News Release
NGO Media Briefing featuring Fred Smith and Myron Ebell
NGO Media Briefing<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Environmental and Fair Trade Linkages: Threats…
News Release
Media Deregulation Takes a Troubling Hit
Contact for Interviews: <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> <?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Richard Morrison, 202.331.2273…
Op-Eds
Down the Tube
The first elected Mayor of England's capital city, Ken Livingstone, has seen his transportation policy descend into chaos in recent weeks. Londoners regularly…
Op-Eds
Europe’s REACH Exceeds Its Scientific Grasp
European regulatory officials have raised hostility to technological innovation to an art form. Their current medium of choice is the Precautionary Principle, which holds…
Op-Eds
Europe ‘Reaches’ for Disaster
European regulatory officials have raised hostility to technological innovation to an art form. Their current medium of choice is the Precautionary Principle, which…
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