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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The Election Is Over: What Now For Regulation?
A midnight rush is on the way, though it will likely be smaller than if Romney had won the election.
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CEI’s Battered Business Bureau: The Week In Regulation
60 new regulations, from dishwashers to falconry.
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Alabama Unions Vs. Privacy: Organized Labor’s War On The Secret Ballot
By Matt Patterson and Crissy Brown Tomorrow, Alabamans will have the opportunity to enshrine the secret ballot into their state constitution. A proposal before voters called Amendment…
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“Status-Quo-ism” Of Italian Politicians Is Economically Perilous
Italian media report all sides of Italy’s political spectrum are calling for early elections. Unfortunately, that means a return of the unreformed Italian political class…
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You Can Sense The Desperation in the Air
The Competitive Enterprise Institute reports that the Obama administration issues a new regulation every two hours, and the Heritage Foundation has reported that during the…
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Never Look A Gift (Clause) Horse In The Mouth
In America, it is impossible to snuff out money from politics. As long as government has the power to dish out favors to politically connected…
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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