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: Kids, social media, and the First Amendment with Jessica Melugin
In this week’s episode we cover budget reconciliation and deficit spending, the burdens of Total Boomer Luxury Communism, and how to counteract…
Blog
Federal regulation 1st quarter 2026 report: Bureaucracy on the back foot
Here at the close of the first quarter of 2026, the March 31 Federal Register stands at 16,115 pages, containing 609 final rules and 416…
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The week in regulations: Resettling refugees and sea otter casualties
TSA lines reached their longest-ever wait times, bolstering the case for privatizing airport security. President Trump’s signature will appear on US currency starting later this…
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Cut Down On Unfunded Mandates, Part I
Next week, the House will likely vote on H.R. 4078, a reform package entitled “The Regulatory Freeze for Jobs Act of 2012.” One of the…
Blog
CEI Files Amicus Brief In Support Of EPIC’s Petition To Force A TSA Rulemaking On Strip-Search Machines
Today, the Competitive Enterprise Institute (CEI) filed a brief of amici curiae in support of the Electronic Privacy Information Center's (EPIC) petition for writ…
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On Dodd-Frank’s Unhappy Anniversary, Main Street Suffers Most
The LIBOR rate-fixing controversy and JP Morgan's failed trades are all spun as reasons why we need Dodd-Frank, the so-called "financial reform" law that was…
Legal Brief
Brief of Amici Curiae Supporting EPIC’s Petition for Writ of Mandamus (EPIC v. DHS)
In the last half decade, as millions of Americans have undergone AIT screening by the TSA, none have been afforded an opportunity to comment on…
Blog
Robert De Niro Admits Progressivism Kills Economies
Question: What do you get when a left-leaning state enlists a progressive celebrity to brag about how un-leftist the state is? Answer: The hilarious…
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Flame Retardant Risks Overblown
Senator Frank Lautenberg (D-N.J.) and 25 members of Congress recently sent a letter to EPA Administrator Lisa Jackson urging quick action on regulations…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
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Ryan Young
Senior Economist and Director of Publications
- Antitrust
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- Regulatory Reform
Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
- Aviation
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Sam Kazman
Counsel Emeritus
- Antitrust
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Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment