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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The most powerful monopoly isn’t a corporation: Introducing the Capitol Control Quotient
Policymakers often argue over whether capitalism works and how aggressively it should be restrained. But they rarely ask the more pertinent question: where, exactly, does…
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The week in regulations: Fusion machines and suspicious health care
President Trump launched a preemptive war with Iran, leading many to question the true worth of the FIFA Peace Prize. The 2026 Federal Register topped…
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Minimum lot sizes, maximum costs
When Americans think about the housing affordability debate, they tend to picture cranes, lumber prices, or mortgage interest rates. It is certainly important to focus…
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The Economy of the Mind
Address to the Competitive Enterprise Institute ANA Hotel, Washington D.C. Tuesday, October 21, 1997 Thank you, Stan [Evans]. As Bill Clinton says…
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Abusing Discrimination
In America at century’s end, the surest way to obtain special treatment for a social group is to assert that its members suffer…
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Disparate Impact Dangers
On March 10 one of the nation's largest property and casualty insurers, Nationwide Insurance Company, agreed to part with $13.2 million to settle allegations…
Study
The Yellowstone Affair: Environmental Protection, International Treaties, and National Sovereignty
Full study available in pdf format Environmental regulation has gone international in recent decades. There has been a proliferation of treaties, conventions, and protocols aimed…
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NAIC Insures Privileged Access
Thousands of insurance executives and regulators converged on Orlando, Fla., in March to attend the spring meeting of the National Association of Insurance Commissioners…
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New Choices in Auto Insurance
The high cost of auto insurance is a serious concern for many people across the country. Annual premiums can run into thousands of dollars.
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