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.
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Free the Economy podcast: Housing abundance and affordability with Luca Gattoni-Celli
In this week’s episode we cover J.D. Vance and the strength of the US dollar, how to track extreme weather events,…
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The Protection Paradox
The everyday American expects certain basic services from her government. She expects her roads to be maintained, her mail to be delivered, and her…
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The Regulatory Plan needs a regulatory plan
As the Trump administration’s early emphasis on the Elon Musk-led Department of Government Efficiency, or DOGE, has tapered off, so too has its emphasis…
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This week in ridiculous regulations: Lime emissions and stabilizing the Western Balkans
The 2024 Federal Register set a new all-time record page count on December 3. It surpassed 2016’s record of 95,894 pages with nearly a month to spare. Syria’s…
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Biden breaks Federal Register record
Joe Biden’s administration has set a new Federal Register record with 96,088 pages as of December 3, 2024, surpassing the Obama administration’s 95,894 pages…
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This week in ridiculous regulations: Milk marketing and sport fishing
It was a shortened week on account of Thanksgiving. Agencies issued new regulations ranging from fed cattle to general service lamps. On to the data: • Agencies issued 57 final…
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This week in ridiculous regulations: Pear handling and airport construction
CEI founder Fred Smith passed away at age 83. Few people were as effective as Fred in pushing back against regulatory excesses, and nobody did…
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Free the Economy podcast: Political drinking with Jarrett Dieterle
In this week’s episode we cover student loans, revenue from tariffs, democracy in Hong Kong, and the impact of…
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From cuts to costs: Why federal paperwork keeps piling up
The Office of Management and Budget’s (OMB) release of the 2023 Information Collection Budget (ICB) paints a troubling picture of not just of growing…
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
