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,…
Search Posts
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Deregulation deferred—not defeated—by the Big Beautiful Bill
In my latest Forbes column, I detail how the House-passed “One Big Beautiful Bill” (BBB) had the potential to revolutionize federal regulatory policy.
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The week in regulations: Flight safety and organic pet food
Qatar’s government gave Trump a $400 million jumbo jet that he can use after leaving office. The US and China agreed to lower their…
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Regulatory reform takes all three branches
Over at The Hill, Wayne Crews and I argue that regulatory reform requires all three branches of government. Not only is a healthy…
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What the DOGE debates really reveal
Last week I took part in a point/counterpoint on the Elon Musk-led Department of Government Efficiency (DOGE), making a brief case for its mission…
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The week in regulations: Medical devices and tuna
President Trump proposed a 100 percent tariff on foreign movies, and reopening Alcatraz. The US and UK announced a trade deal. The Vatican named a…
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Free the Economy podcast: Dear Mr. President with Destry Edwards
In this week’s episode we cover the economic slowdown from tariffs, more accountability for independent agencies in the federal government, and…
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