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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The regulatory costs we still aren’t counting
Several years ago, I assembled a “Costberg” working paper surveying the largely impenetrable and undisclosed costs of regulation. The project grew out of…
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The week in regulations: Voting by mail and $100,000 visas
The number of new final regulations in 2026 topped the 2,000 mark. President Trump escalated his trade war against Canada and issued an executive…
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Free the Economy podcast: The future of financial regulation with Thomas Hoenig
In this week’s episode we cover the status of occupational licensing in the 50 states, the coming crack-up over entitlement spending,…
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This Week in Ridiculous Regulations
The House passed a continuing resolution to avoid a federal shutdown until November 21st. The Senate will likely follow suit this week. The 2019 Federal…
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This Week in Ridiculous Regulations
Congress returned from recess, the Democratic presidential candidates had a debate, and the 2019 federal deficit topped $1 trillion with a month left to go…
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Unknown Societal Costs of Imposing Regulation Based on Secret (or Creatively Leveraged) Data
From the food pyramid and dietary guidelines, to vaping policies, to the Progressive zeal for eugenics, humility-challenged administrative experts can be mistaken, can mislead, or…
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This Week in Ridiculous Regulations
Contrary to my earlier prediction, the number of new regulations this year did not pass 2,000 last week, ending the four-day week at 1,991. Meanwhile,…
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Trump Tariff Costs to Outweigh Benefits from Deregulation
Early in the Trump administration, a series of executive orders slowed the growth of new regulations and removed some existing rules. From the start of…
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Department of Energy Expands Consumer Choice in Light Bulbs
The Trump administration took a pro-consumer step today as the Department of Energy finalized a rule that will allow certain types of lower-cost light bulbs to…
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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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
- Climate
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