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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Free the Economy podcast: Enduring policy principles with Richard Stern
In this week’s episode we cover housing affordability, labor unions and train safety, the late Paul Ehrlich (1932-2026), and the late…
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Idaho’s successful regulatory reform
Over at National Review, my colleague Hayden Stolzenberg and I examine some of Idaho’s recent regulatory reforms, as outlined in a recent CEI paper.
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The missing guardrail in crisis politics: Discipline
Modern American governance has developed a troubling pattern. Economic shocks like the 21st century’s financial panics and pandemic are often met with vast expansions of…
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Tens of Thousands of Pages and Rules in the Federal Register
Download Chapter 5 as a PDF The Federal Register is the daily repository of all proposed and final federal rules and regulations. Although its…
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Liberate to Stimulate
Download Chapter 10 as a PDF Policy makers frequently propose spending stimulus to grow or strengthen economies. That was certainly the case in the…
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Another Dimension of Regulatory Dark Matter: Over 22,000 Public Notices Annually
Download Chapter 7 as a PDF Without actually passing a law, government can signal expectations and influence various industries—including health care, retirement, education, energy…
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What Comes after “Trillion”? The Unknowable Costs of Regulation and Intervention
Download Chapter 4 as a PDF If real debt levels on the fiscal budget and entitlements can be vastly higher than the public is…
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Swamp Things—Trump’s Discordant Regulatory Impulses Offset His Deregulatory Successes and Expanded the Administrative State
Download Chapter 2 as a PDF President Trump attempted to prune rules and costs and held down regulatory output with more enthusiasm than other…
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The Presidential Dimension of Regulatory Dark Matter: Executive Orders and Memoranda
Download Chapter 6 as a PDF Executive orders, presidential memoranda, and other executive actions make up a large component of executive “lawmaking.” They merit…
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
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- Regulatory Reform
Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
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Sam Kazman
Counsel Emeritus
- Antitrust
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Marlo Lewis, Jr.
Senior Fellow
- Climate
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- Energy and Environment