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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Deregulation by the numbers: One-third into 2026 — a rulebook rewrite?
At the close of the first third of the year, a spring 2026 Unified Agenda formally outlining agency priorities has yet to appear. In fact,…
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The week in regulations: Marine terminal fires and marijuana rescheduling
The Federal Reserve held interest rates steady, and outgoing Chairman Jerome Powell will remain on the Fed’s Board of Governors when Kevin Warsh takes over.
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Free the Economy podcast: The business of Federalism with Derek Kreifels
In this week’s episode we cover childcare in the 50 states, how to fix rising healthcare costs, the new Institute for…
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Newsletter
Healthcare Complexity, Union Politics and Insurance Markets
Critics question the unwieldy complexity of current healthcare legislation. A compromise version of the so-called “Employee Free Choice Act” gains momentum in Congress. Florida Rep.
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Regulation of the Day 39: Postmodern Microwave Ovens
Appliances have to have little badges on them that say they comply with rule that requires the little badges. Perhaps the rule came from the…
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Elaine Chao: Union transparency “more important than Beck;” EFCA “terrible”
Today, at the Heritage Foundation blogger briefing, former Labor Secretary Elaine Chao described the union transparency requirements introduced during the Bush administration as “more important…
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Regulation of the Day 38: Carrying Letters
If anything qualifies as an anti-competitive practice, fining and jailing people for competing with you would certainly top the list. Which brings us to a…
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DOJ to Investigate Microsoft-Yahoo Search Partnership
As expected, The Department of Justice is launching an antitrust investigation into the Microsoft-Yahoo search engine partnership. As I've said before, this is not an…
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Why I Want a Public Option in the Health Care Bill
A bill with a public option will probably not pass. Too much opposition. But one without it probably will.
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