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: Pipeline safety and NFL Draft security
Federal Reserve Chair nominee Kevin Warsh had his confirmation hearing, and President Trump dropped his criminal investigation into Jerome Powell. The government is poised to…
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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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Morning Media Summary
Tech: Skype Outage hits users worldwide: “Millions of Skype Internet phone users worldwide couldn’t make calls — or were dropped in mid-conversation —…
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FCC Net Neutrality: Some Networks are More Neutral than Others
Today’s decision [by FCC bureaucrats] will help preserve the free and open nature of the Internet [as defined by the government] while encouraging innovation [as…
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The Obama Administration’s Misguided War on For-Profit Colleges
In Forbes, economist Richard Vedder of Ohio University documents the blunders behind the Obama administration’s war on for-profit colleges that wiped out $8 billion…
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Will Net Neutrality Save the Internet?
Reason.TV created an excellent video explaining Net Neutrality and arguing against it. I’ve heard too many people irrationally claim that big corporations are going to…
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Morning Media Summary
Tech: E-Mail Gets an Instant Makeover: “Signs you’re an old fogey: You still watch movies on a VCR, listen to vinyl records and…
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Resist Over-Caution on Nanotechnology and other Frontier Sciences
Full Document Available in PDF Nanotechnology is the cutting-edge science 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