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
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America 250 election year rightsizing: Time to get things undone
The new 2026 Ten Thousand Commandments survey of federal regulation and reform landed at an awkward moment. Election cycles tend to crowd out serious thinking…
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The week in regulations: Date taxes and microreactors
It was nearly a 3,000-page week in the Federal Register, roughly double the usual pace. Year-over-year inflation jumped to 3.8 percent, the worst reading since…
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Free the Economy podcast: Pension politics with Jarrett Skorup
In this week’s episode we cover more legal headaches for the Trump tariffs, keeping kids safe in an AI world, and California’s…
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Op-Eds
Taxing Fat, Killing Jobs
Dark clouds of uncertainty now hover over the future of some 26,000 European companies and their 2.6 million employees. These firms represent Europe’s food…
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France Launches Global Culture War
Cultural creativity is big business in <?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />America. According to the most recent data from Economists Incorporated, U.S.
Op-Eds
Corporate PR Must Reach People as Consumers and Citizens
PR pros have long sought to link their efforts to clients’ return on investment. The planned campaign for the Aluminum Association, detailed in this magazine…
Op-Eds
The Green Machine
Click on pdf link above to obtain full version of article Twenty EU member and accession states labour under a cadre…
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Russian Revolution
On <?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />December 2, 2003, Andrei Illarionov, Russian President Vladimir Putin's chief economic adviser, stunned green activists…
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Resentment, fear drive U.N. quest for control
There’s mounting evidence that the Internet’s good old days as a global cyberzone of freedom—where governments generally take a "hands off" approach—may be numbered.
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