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: Competition and innovation with Jack Nicastro
In this week’s episode we cover the case of Suncor v. Boulder County at the Supreme Court, the problems with the Los…
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Here’s how one-in, ten-out is successfully cutting rules — but not draining the swamp
It’s October already, and while there’s no real fiscal year for federal regulation, the September 30 closing of the 2026 budgetary fiscal year marks…
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The week in regulations: Drug prices and inedible almonds
Sen. Eric Schmitt (R-MO) learned the difference between the Atlanta Hawks and the Iowa Hawkeyes. President Trump rolled back some China tariffs and published…
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Dismal Jobs Figures Don’t Increase Official Unemployment Rate, As Job-Seekers Give Up, Or Go On Disability
The stock market has fallen this morning in response to the dismal March jobs report released this morning, which showed that a meager…
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Regulation Roundup
Man avoids jail time for falsely yelling out "Bingo!" during a game, plus more.
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CEI Podcast For April 4, 2013: Reining In The CFAA
Under the CFAA, it is currently a federal crime to enter an incorrect age on your Facebook profile or an incorrect weight on a dating…
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Lessons From Dutch Regulatory Reform: How The U.S. Could Save $450 billion Per Year
In 2003, the Dutch improved their regulatory situation through the “Dutch Administrative Burden Reduction Programme.” This program sought to reduce the cost of regulatory burdens…
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The Myth Of Welfare Reform
Welfare reform is largely a myth. Many people who used to be on welfare have since gone onto Social Security Disability. That benefits states…
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Regulatory Lessons From The United Kingdom (Continued)
Overview of the Red Tape Challenge In early 2011, the UK started the Red Tape Challenge to gather ideas as to how it could improve…
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
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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
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