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: Grandfathered driver vision and socializing dogs
The Supreme Court declared President Trump’s IEEPA tariffs unconstitutional. The White House responded by enacting a 15 percent global tariff under a different statute. The…
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Free the Economy podcast: What’s wrong with Congress with Kevin Kosar
In this week’s episode we talk about we talk about Consumer-Regulated Electricity, the amazing falling US poverty rate, and how smart…
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Trump’s deregulation meets invisible rulemaking: The real 2026 challenge
After a brief shutdown, most fiscal year 2026 appropriations have been enacted, despite continued debate over Department of Homeland Security (DHS) funding. We may soon…
Search Posts
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Regulation of the Day 159: Playing Chess
"A squad of cops in bulletproof vests" arrested seven men for playing chess in a New York City park.
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Now! In Black and White, the Toyota Hysteria Exemplified!
It’s not “live!” It’s not even “In color!” And there’s no sound. But it’s quite stunning. A surveillance video posted by Fox Chicago News…
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Morning Media Summary
Tech: Sen. Rockefeller: FCC Should Take Fox News, MSNBC Off Airways: “SEN. JAY ROCKEFELLER (D-WV): “There’s a little bug inside of me which…
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Why You Should CARE About the Ban on Four Loko
Late yesterday evening, the maker of Four Loko announced it was removing caffeine from the popular alcohol beverage. This came following media-driven hysteria, state…
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Four Loko Crackdown: FDA Set to Ban Caffeinated-Alcohol Drinks
It looks as though the FDA is now set to ban the small but growing market for so-called alcohol-energy drinks, such as Four Loko and…
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Morning Media Summary
Tech: Internet Explorer 9 Caught Cheating in SunSpider Benchmark?: “A Mozilla engineer has uncovered something embarrassing for Microsoft – Internet Explorer is cheating…
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