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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Free the Economy podcast: Taxing the rich with Jared Walczak
In this week’s episode we cover America’s low-income churn, reforms to civil asset forfeiture, changes to vehicle emissions testing, a shout…
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The week in regulations: Bone void filler and halibut action
May’s job numbers were strong for the third month in a row, though job growth since Liberation Day remains under 100,000, for a labor force…
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Free the Economy podcast: State budgets and bailouts with Thomas Savidge
In this week’s episode we cover promising new classroom technology, increasing productivity (and avoiding layoffs) with AI, and the repeal of the…
Search Posts
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Your family’s share of federal red tape last year was…
Most people can see taxes on their pay stubs, but there’s another sort of tax that’s much less visible: the cost of government regulations. These…
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The week in regulations: Paper packaging promotion and bridge conditions
President Trump ordered National Guard troops to deploy against American citizens. Agencies issued new regulations ranging from hot air balloons to authorizing ski areas. On…
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The total cost of federal red tape last year was…
$2.15 trillion is CEI’s latest estimate of the costs of all federal regulations. It is an intentionally conservative estimate. Think of it as a floor,…
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DOGE after Musk: From meme to momentum
Elon Musk’s short but headline-grabbing stint with the Department of Government Efficiency (DOGE) has concluded, but the broader deregulatory agenda remains robust and far from…
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The week in regulations: Low-moisture human foods and grass promotion
Lots of transportation-related regulatory cleanup this week. Friday alone had 47 proposed rules, most of them to repeal obsolete regulations. Two courts struck down Trump’s…
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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. But…
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
- Antitrust
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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