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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Obamacare Will Spawn Crowded Waiting Rooms and Pointless Busywork for Doctors
Health care costs will go up under Obamacare for many reasons, such as the wasteful red tape it imposes on health savings accounts (HSAs). Max…
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Exploiting the Poor: The Minimum Wage
Many people believe that the minimum wage is a major source of America’s prosperity. Actually as of 2009 only 4.9 percent of (employed) workers…
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Rent Is Too Damn High
Not much to add to this brilliant insight: The rent is too damn high! Jimmy McMillan doesn’t get into details about what he intends…
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Say Goodbye to Free Checking
“Say goodbye to traditional free checking, as banks feel squeeze from new regulations,” reads the AP headline. “Free checking, a mainstay of American banking…
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Morning Media Summar
Tech: Privacy vs. Profits: “The threat to privacy posed by digital technology is about to take a turn for the worse. At least,…
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Your Shriveling 401(K): Thank Financial Red Tape and the Foreclosure Furor
If your 401(K) has shrunken recently, it may be due to falling bank stocks, like Bank of America stock, which has fallen from over $19…
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