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 week in regulations: Fresh produce guidance and naval weapon storage
Inflation remained above target for a 64th consecutive month. President Trump signed an executive order to revise vaccine recommendations. Agencies issued new regulations ranging…
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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…
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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…
Search Posts
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Can Trump proposed rule pull the plug on bad appliance regulations?
Many Americans dislike federal home appliance regulations, perhaps nobody more so than the current White House occupant, who routinely rails against them at his…
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The week in regulations: Plywood emissions and squid specifications
President Trump’s war with Iran heated back up. ICE agents killed at least one more person. Senate candidate Graham Platner ended his campaign after…
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The Rulemakers: Which federal agencies dominate Trump’s 2026 Agenda?
Over the Independence Day holiday, the Trump administration released its 2026Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions (Agenda), which…
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Diary of deconstruction: White House releases 2026 Unified Agenda of Federal Regulations
Since 1983, the often-tardy semiannual Unified Agenda of Federal Regulatory and Deregulatory Actions (the Agenda) has surveyed recently completed and forthcoming rulemaking priorities across…
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The week in regulations: Supersonic flight and circuit board acquisition
America turned 250 years old on July 4. The Unified Agenda, which lists all upcoming regulations, came out in the July 3 holiday weekend…
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Free the Economy podcast: George Washington, entrepreneur with John Berlau
In this week’s episode we cover terrible advice on poverty from the United Nations, reforming the way we regulate banks, and…
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