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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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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Don’t expect the administrative state to disarm itself
Last week, I read two articles in the summer 2026 edition of the Cato Institute’s Regulation magazine: “Defanging the FCC” by Paul Matzko…
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The week in regulations: Razorback suckers and conflict of interest requirements
Congress is considering honoring the late Sen. Lindsey Graham (R-SC) by passing a counterproductive Russia sanctions and tariffs bill. Inflation numbers for June…
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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…
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This week in ridiculous regulations: Animal herders and delaying REAL ID
President Biden’s final Federal Register week was a busy one. Its 4,199 pages would make for a 209,950-page year if it sustained that pace.
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Free the Economy podcast: Welfare costs and benefits with Scott Winship
In this week’s episode we cover the Los Angeles wildfires, reforms to high-skilled immigration, new leadership at the Department of…
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Is Congress even trying? 3,248 new rules vs. 175 laws
In 2024, federal agencies issued 3,248 rules and regulations, while Congress enacted only 175 laws. I refer to the simple ratio—19 rules…
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Free the Economy podcast: Draining the swamp with Jim Bovard
In this week’s episode we cover fake endangered species, Pennsylvania’s climate policy showdown, a robust defense of property rights in…
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This week in ridiculous regulations: Seat belts and eagle possession
This week’s roundup will be a little different than usual. Since the new year began mid-week, and I already published a breakdown of 2024’s year-end…
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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