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: 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…
Blog
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…
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Forbes
Laws Have Mercy: Here is How Biden is Restricting Access to Regulatory Guidance Documents
A significant component of Joe Biden’s first 100 days has been the rapid reversal and work-in-process unwinding of former president Donald Trump’s efforts to…
Las Vegas Review Journal
EDITORIAL: Infrastructure Package Meets Federal Red Tape
The Las Vegas Review-Journal cites Senior Fellow Mario Loyola on Biden’s infrastructure plan: The projects that might survive the legislative process as…
Bloomberg Law
Biden Infrastructure Plan Has Unlikely Ally in Trump Permit Redo
Bloomberg Law cites Senior Fellow Mario Loyola on Biden’s infrastructure plan: Mario Loyola, who served as CEQ’s associate director for regulatory reform…
News Release
CEI Commends Sen. Lankford for Introducing Pandemic Preparedness, Response, and Recovery Act
On Thursday, Senator James Lankford (R-OK) introduced the Pandemic Preparedness, Response, and Recovery Act. The bill would establish an independent commission to…
National Affairs
Putting Regulators on a Budget
National Affairs cites Vice President for Policy Wayne Crews on the cost of regulation: Separately, in 2015, regulatory analyst Clyde Wayne Crews…
Washington Examiner
Congress must reassert its legislative authority
It is tempting to claim that resource allocation questions are starker than ever. The classic formulation in political science is guns or…
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