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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We Didn’t Regulate Credit Cards, We Regulated People
That was the upshot of a panel I spoke at yesterday in New York at the Atlas Liberty Forum. It looked at the impact of…
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Is the FTC Already Capable of Regulating Patent Demand Letters?
The answer is no, except under special circumstances. The question itself arises from comments by Julie P. Samuels of the Electronic…
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The Federal Register Is about to Top 70,000 Pages — And it’s Not Even December
This morning, the Federal Register stood at 68,980 pages. It’s the daily depository of all federal regulations proposed and final. It is our unfortunate Principia Regulatica.
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Illegal Change to Obamacare Is Designed to Scapegoat Insurers, Not Restore Canceled Insurance Policies
If aliens from outer space read today's newspapers, they would assume that America is a dictatorship, not a republic, and that President Obama has the authority…
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Obama Allows Illegal Health Policies, Quickly Pivots to Economy
The furor over the Healthcare.gov website that is merely supposed to automate the process of determining if one is eligible or…
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Antitrust as Corporate Welfare: Imposed Concessions and Conditions on Mergers Are a Fundamental Error
As is now commonplace, American Airlines needed to relent to conditions imposed on the merger with US Airways to secure Department of Justice approval, primarily…
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