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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The week in regulations: Lead paint and mailing firearms
Gas prices topped $4.00 per gallon. The one-year anniversary of President Trump’s Liberation Day tariffs was solemnly observed. Trump fired Attorney General Pam Bondi. Agencies…
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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…
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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…
Search Posts
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Newsflash to FCC: The iPhone is a Closed Platform, and Consumers Love It
Just when you thought the FCC’s investigation of the wireless industry couldn’t get any stranger, TechCrunch reports that the Commission has sent letters…
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The Antitrust Religion still Has Many Adherents
Why bother with the ongoing challenge of competing in the marketplace if one can merely go to Brussels or Washington?…
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Regulation of the Day 24: The Width of Ladders
It is illegal for a portable metal ladder to have steps narrower than 12 inches.
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Bonus pay bill: CBO predicts huge costs to private sector, broad swaths of employees affected
After the nonpartisan Congressional Budget Office (CBO) calculated the enormous costs of an all-encompassing health care scheme with a bloated public option, members of Congress…
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More on the Microhoo Deal
The long-awaited collaboration of Microsoft and Yahoo on search has the tech business community abuzz. CEI analysts Wayne Crews and Ryan Young made their original…
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(Un)Free Press Sticks it to the Essentials
The latest missive from the folks at Free Press has crossed the line: When challenged, the wireless carriers actually compare their industry to another: soda.
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