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.
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Darklore Depository 2025: An unofficial inventory of guidance documents and other regulatory dark matter
Halloween can remind policy wonks that some of the ghastliest regulatory chills come not from ordinary notice-and-comment regulation buried in the daily Federal Register, but…
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The week in regulations, shutdown edition: Visa fees and regional haze
President Trump demanded that the Justice Department pay him $230 million. He also cut off all trade negotiations with Canada because of a tv commercial…
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Has Washington bought off the deregulatory movement?
Back during the Biden administration, I noted how rising federal spending and regulation seemed to swap unfunded mandates for funded ones – turning what should…
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Free to Prosper: Regulatory Reform
Read the full chapter on regulatory reform here The COVID-19 pandemic changed a lot of things. One of those things is regulation. People quickly…
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Free to Prosper: Technology and Telecommunications
View the full chapter on technology and telecommunications here Few economic sectors rival the technology and telecommunications industries in how rapidly—and momentously—they have evolved.
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Free to Prosper: Food, Drugs, and Consumer Freedom
View the full chapter on food, drugs, and consumer freedom here Few matters are as important to individuals as the foods they eat, how…
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Free to Prosper: Medical Technology and Health Care
View the full chapter on medical technology and health care here American consumers benefit from a bounty of choice, competition, and innovation in health…
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Free to Prosper: Trade
View the full chapter on trade here The new Congress has two urgent tasks on trade policy. First, it needs to help heal the…
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Free to Prosper: Transportation
View the full chapter on transportation here Mobility is one of our most important needs, one we often take for granted until it is…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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