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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Permitting Reform for a Freer and More Prosperous Nation
Contents Special Advisors The Importance of Permitting Reform Part 1: 11 Principles for Permitting Reform Part 2: Statute-by-Statute Analysis for Permitting…
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The week in regulations: Carbon nanotubes and colored sausage casings
President Trump enacted new tariffs against more than 60 countries. Some of the Canada tariffs invoke a never-used statute from the 1930 Smoot-Hawley Tariff…
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Evaluating DOGE nearly halfway through Trump’s second term
One week after his victory in the 2024 presidential election, Donald Trump announced that he would create the Department of Government Efficiency (DOGE)…
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This Week in Ridiculous Regulations
Britain held a major election, and the U.S. House of Representatives is set to impeach President Trump. At the same time, Trump is poised for…
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This Week in Ridiculous Regulations
The House began preparing articles of impeachment, President Trump announced new tariffs against three allies, a NATO summit was surprisingly contentious, and the federal government…
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What Regulations Did the Trump Administration Eliminate in 2019?
The Trump administration has issued its fiscal year 2019 status update on one-in, two-out. It’s called “Regulatory Reform Results for Fiscal Year 2019.” According to…
The Wall Street Journal
A Republican Proposal to Feed the Country to the Swamp
Progressives dream of making the District of Columbia into a state, but now a pair of Republican senators have the same vision reflected through a…
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This Week in Ridiculous Regulations
While the nation celebrated Thanksgiving with family and friends, rulemaking agencies published new regulations ranging from almond information to missile accidents.
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This Week in Ridiculous Regulations
Congress averted a government shutdown until December 20th by passing a continuing resolution. The Fall 2019 Unified Agenda was also released, which compiles all rulemaking…
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