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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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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Free the Economy podcast: How to Get What You Want with Josh Bandoch
In this week’s episode we cover AI development in China, how large investors recycle homes, and why permitting reform needs to…
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Automatic Economic Stabilizers or Stable Economic Rules?
Former Obama OMB Director Peter Orszag (who joined Citigroup earlier this year as vice chairman for global banking) over at The New Republic thinks we’ve…
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Blame Not Banks — But Big Box and Big Government — For Free Checking’s Demise
Read it and weep, but don't say OpenMarket didn't warn you. Thanks to Dodd-Frank's Durbin Amendment, price controls on interchange fees --…
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FDA Approves Device To Help Doctors Detect Skin Cancer
There's an unusual bit of good news out of the U.S. Food and Drug Administration. In March 2010 and again last November, the…
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Unauthorized Practice of Law (UPL) Regulation Tends to Serve Interests of Lawyers, Not Consumers
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Lawyers Use Ban on Unauthorized Practice of Law to Restrict Speech & Competition
For Construction Pros
NRMCA: President’s Jobs Plan At Odds With Administration Regulatory Action
For Construction Pros discusses Wayne Crews's report on the size of the federal regulatory burden. Highlighting the magnitude of numerous new regulations, this…
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