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 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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The week in regulations: Fresh produce guidance and naval weapon storage
Inflation remained above target for a 64th consecutive month. President Trump signed an executive order to revise vaccine recommendations. Agencies issued new regulations ranging…
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Trump sketches out a battle plan on housing affordability
Housing affordability has become a front burner issue, and President Trump spared no time setting out his plan targeting the government regulations and red…
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A game-changing Trump executive order could nuke regulatory dark matter
In the wake of Donald Trump’s flurry of executive actions—including implementing a regulatory freeze, eradicating Biden’s diversity, equity, and inclusion (DEI) policies and staffing,…
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Regulators need to cool off and slow down their rulemakings
Rep. Harriet Hageman (R-WY) has reintroduced an important bill that would make the administrative rulemaking process fairer for the public. Known as the…
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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…
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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,…
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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.
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