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: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
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The week in regulations: Drone settlements and gambling losses
The 2026 Federal Register topped 20,000 pages. President Trump got into a feud with the Pope. Agencies issued new regulations ranging from mail standards to…
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Free the Economy podcast: How to Get What You Want with Josh Bandoch
In this week’s episode we cover AI development in China, how large investors recycle homes, and why permitting reform needs to…
Search Posts
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Red Tapeworm 2014: Are Environmental Protection Agency Regulations Declining? Don’t Bet on It
This is Part 26 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal…
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CEI’s Battered Business Bureau: The Week in Regulation
75 new regulations, from tax delinquents to spectrum auctions.
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Red Tapeworm 2014: Tell Us — Which Regulations Hurt Your Business as You Grow?
This is Part 24 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal…
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CEI’s Battered Business Bureau: The Week in Regulation
Despite another 47 proposed regulations and 80 final regulations last week, 2014 remains on pace to have the smallest number of new regulations of any…
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Red Tapeworm 2014: Small Businesses Beaten Down by Recordbreaking Federal Regulations
This is Part 23 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal…
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Uber and Regulation: Pro-Business Is Not Pro-Market
“Republicans love Uber. Young urban voters love Uber. And Republicans hope that means young voters can learn to love the GOP.” That was the opening…
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