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.
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Free the Economy podcast: What’s wrong with Congress with Kevin Kosar
In this week’s episode we talk about we talk about Consumer-Regulated Electricity, the amazing falling US poverty rate, and how smart…
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Trump’s deregulation meets invisible rulemaking: The real 2026 challenge
After a brief shutdown, most fiscal year 2026 appropriations have been enacted, despite continued debate over Department of Homeland Security (DHS) funding. We may soon…
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The week in regulations: Beet food coloring and crab housekeeping
Culture warriors got upset over the Super Bowl halftime show. A mini-shutdown over ICE funding delayed some labor market indicators. Agencies issued new regulations ranging…
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This Week in Ridiculous Regulations
It was a rough week. Coronavirus infections and deaths continued to climb. Wall Street is officially in a bear market, and Congress and President Trump…
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As Supreme Court Debates CFPB Constitutionality, Agency Accountability Hangs in the Balance
The Supreme Court heard oral arguments last week over the constitutionality of the Consumer Financial Protection Bureau and whether, as currently structured, it is too…
The Washington Times
Applying the Lenten Season to the World of Politics and Government
February 26 marked the beginning of Lent, a penitential time of 40 days in the Christian calendar in which we reflect on our mortality and…
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This Week in Ridiculous Regulations
Coronavirus continued to spread, the Democratic presidential field significantly narrowed, and the former head of the UAW was charged with embezzlement. Meanwhile, agencies issued new…
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A One-Stop Executive Order 13891 Guidance Document Portal
If agencies are required to compile and list all their sub-regulatory guidance documents and post, link and consistently index them on a portal, can we…
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EPA, Interior, and other Federal Agencies Post Guidance Documents on Searchable Websites
On February 28, the EPA and other federal agencies posted all their guidance documents on searchable websites, complying with an OMB deadline to implement Executive…
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
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- Regulatory Reform
Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
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Sam Kazman
Counsel Emeritus
- Antitrust
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Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment