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: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
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The week in regulations: Drone settlements and gambling losses
The 2026 Federal Register topped 20,000 pages. President Trump got into a feud with the Pope. Agencies issued new regulations ranging from mail standards to…
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Free the Economy podcast: How to Get What You Want with Josh Bandoch
In this week’s episode we cover AI development in China, how large investors recycle homes, and why permitting reform needs to…
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This Week in Ridiculous Regulations
Veterans Day made it a short work week, but agencies still filled more than 1,300 Federal Register pages with rules ranging from trailer tires to…
Forbes
Donald Trump And The 115th Congress Could Get Rid Of These 140 Obama Regulations
Many observers are weighing in on the rules and regulations that a new Trump administration might be inclined to eliminate. The Hill, for example, compiled…
Investor's Business Daily
Here’s How The President and Congress Can ‘Rein In’ Regulation
President Barack Obama and President-elect Donald J. Trump have something important in common. They both have a chance to help America's job creators out from…
One News Now
Is a clean slate ahead?
One News Now speaks with Ryan Young on how the Trump administration can lead regulatory reform. With the incoming Trump administration, many people…
Blog
Federal Register Hits 4th Highest Ever Count, Will Top 80,000 Pages Tuesday
Yesterday the Federal Register hit its fifth-highest count of 79,380 pages.
Sun-Sentinel
Five ways President Trump could jump-start economic growth
Too many Americans feel left behind by the weak economic growth and diminished job opportunities under the Obama administration. Too many people have seen their…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
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Ryan Young
Senior Economist and Director of Publications
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
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