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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The Protection Paradox
The everyday American expects certain basic services from her government. She expects her roads to be maintained, her mail to be delivered, and her…
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The Regulatory Plan needs a regulatory plan
As the Trump administration’s early emphasis on the Elon Musk-led Department of Government Efficiency, or DOGE, has tapered off, so too has its emphasis…
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Third-party reviewers expand permitting capacity without expanding government
Housing permitting reform has become one of the few housing policies to attract support across the political spectrum. States as politically diverse as…
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DOGE cancellation theatrics change nothing in the regulatory power game
“Trump administration officials have not openly said that DOGE no longer exists.” That admission came 10 paragraphs into a widely reported “exclusive” Reuters…
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Free the Economy podcast: Sesquicentennial celebration
In this week’s episode we celebrate the show’s sesquicentennial anniversary – that is, our 150th episode. We look back at the dozens of…
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Shutdown lesson: Depend less on DC
The record-length shutdown showed how dependent many Americans are on Washington. This is one of the biggest flaws in the ongoing nationalization of politics.
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The week in regulations, the final shutdown edition: Manifest mailing and broken trash incinerators
The federal shutdown is over. Since the Federal Register has a few days’ lag time for publishing agency documents, it will likely take until…
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An executive order to make freedom mandatory
The White House Office of Management and Budget’s (OMB) new “Streamlining the Review of Regulatory Actions” memorandum signals a potentially transformative shift in…
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Free the Economy podcast: Charting tariff madness with Joey Politano
In this week’s episode we talk about changes in consumer credit, disappearing fast-food jobs in California, and six things the climate…
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