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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Free the Economy podcast: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
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The week in regulations: Drone settlements and gambling losses
The 2026 Federal Register topped 20,000 pages. President Trump got into a feud with the Pope. Agencies issued new regulations ranging from mail standards to…
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Free the Economy podcast: How to Get What You Want with Josh Bandoch
In this week’s episode we cover AI development in China, how large investors recycle homes, and why permitting reform needs to…
Search Posts
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Congress Must End Taxpayers Vulnerability to Government Waste
Fraud and abuse continue to be a barrier to effective government. According to the Cato Institute’s 2009 report, fraud or improper payments in government…
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Regulating Obama’s Regulators — And Those of Future Presidents
This month, President Obama released a new Executive Order building upon and making permanent the quest for regulatory savings in his…
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A Fit of Sanity on ITAR
Over at Space Politics, Jeff Foust reports that the House has passed a bill allowing the administration to remove satellites from…
Hawaii Reporter
Grassroot Perspective: Regulators Run Wild, the West Side’s Story, and More
From Malia Hill's column in The Hawaii Reporter: Credit must be given to whoever thought up the title for the new report on…
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Facebook, Overregulation, and the “Cheers IPOs”: Unshackling the Next Facebook and Its Investors
Whether or not a retail investor buys shares of Facebook when it finally goes public tomorrow -- and OpenMarket provides public policy, rather than investment,…
Hawaii Reporter
Horses In the Dining Room?
From Rep. Jason Chaffetz’ op-ed in The Daily Herald: Some 1.65 million lawsuits are filed each year over enforcement of federal regulations…
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