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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Op-Eds
Put a Ceiling on Overregulation
President Barack Obama may have inadvertently revealed one area of common ground with the Republicans during his recent news conference laying out sharp differences with…
Blog
Consumer Financial Protection Bureau Nominee Richard Cordray Supports Price Controls and Borrower Bailouts
Last Thursday, before the House Oversight and Government Reform Committee, Consumer Financial Protection Bureau architect Elizabeth Warren insisted that her priority was not to ban certain…
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Free Speech versus Compelled Praise for Diversity
Can the government force those it licenses to parrot its praise for "diversity"? The Colorado Department of Human Services Child Care Division thinks so, issuing…
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Regulation of the Day 185: How to Wear Pants
Collinsville, Illinois officials know that when you look good, you feel good. That’s why they are now regulating the height at which people shall wear…
Blog
Alcohol Regulation Roundup: July 19, 2011
California: In an attempt to lower the rates of minors drinking alcohol, a bill is being pushed that would prevent grocery store patrons from…
Op-Eds
It’s for the Children
The government robber barons justify themselves by telling you that big government is for your own good or, even better, “it’s for the children!” What…
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