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: Regulating finance with James Copland
In this week’s episode we cover the 250th anniversary of Adam Smith’s Wealth of Nations, fighting fraud in broadband deployment, and cutting…
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The week in regulations: Shellfish inclusion and paper manifest sunsets
The labor force shrank by 92,000 jobs in January. Oil prices spiked. Twenty-two state attorneys general filed a lawsuit against President Trump’s Section 122 tariffs.
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Free the Economy podcast: Mississippi renaissance with Douglas Carswell
In this week’s episode we cover housing abundance, capitalism’s approval rating, audits of state finances, and the consumer nostalgia of…
Search Posts
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This week in ridiculous regulations: Paper packaging and de minimis imports
Presidents Biden issued a slew of executive actions on his way out of office. President Trump issued a slew of executive actions on his way into office.
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Free the Economy podcast: Able Americans with Rachel Barkley
In this week’s episode we cover Trump’s executive orders, the demographics of the 119th Congress, our nation’s narrowing fiscal space, reforms…
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DOGE at a crossroads – An opportunity for real regulatory reform
The Department of Government Efficiency (DOGE) began with a promise to revolutionize Washington, bringing a chainsaw to government with sweeping regulatory and budget cuts. However,…
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Cracks in the regulatory freezeout
On the first afternoon of his second term, President Donald Trump signed 46 executive orders. They included welcome tools for restraining the administrative state. Among…
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Trump’s new Schedule F executive order is smarter, but could still backfire
President Trump’s re-instatement of his “Schedule F” executive order, making it easier to fire career federal employees,…
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Trump executive orders target Biden’s regulatory big bang
Joe Biden wrapped up his term with a parting regulatory surge, epitomized by today’s 872-page Federal Register—marking the apex of his aggressive midnight-rule push.
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