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: Professional fireworks and farmer training
The 2026 Federal Register topped 50,000 pages and is on track to exceed 85,000 pages for the year. The economy lost 23,000 jobs, yet…
Blog
Free the Economy podcast: The Independence Index with Marc Wheat
In this week’s episode we cover the effect of tariffs on car prices, trends in electricity supply and demand, and the…
Blog
The week in regulations: Peach diversion programs and nuclear packages
The Federal Reserve kept interest rates the same, and an increase may be on the way. Economic growth remained below average, and inflation remained…
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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…
News Release
New Chance for Local Telephone Competition
<?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” /> Contact for Interviews: <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Richard Morrison,…
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