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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Regulation of the Day 157: Unlicensed Barbering
In Orange County, Florida, barbering without a license is illegal. The regulation is being enforced with armed raids.
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Morning Media Summary
Tech: Lamebook Sues Facebook Over Trademark Infringement. Wait, What?: “Here’s a head scratcher, at first glance at least: Lamebook , a hilarious advertising-supported…
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An End to Out-of-State Beer?
Would you be steamed if you couldn’t buy Anchor Steam (of San Francisco, CA), or go into a flying rage without Flying Dog (of Maryland)?…
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Liquor Privatization Still has Hope in Washington
As my colleague Angela Logomasini wrote in a post earlier today, voters in Washington State vetoed two measures that would have privatized liquor sales in…
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Smart Growth Decreases Housing Affordability
Wendell Cox had an interesting article this week on his new findings on land-use regulation and housing prices. Long a critic of smart-growth…
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Morning Media Summary
Tech: People have “right to be forgotten” online, says EU: “The European Commission wants to strengthen data protection rules to give more power…
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
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Sam Kazman
Counsel Emeritus
- Antitrust
- Automobiles and Roads
- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment