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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Regulation of the Day 27: Beekeeping in South Dakota
Beekeeping in South Dakota is illegal without a license.
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A Poster too Important to Leave to the Market
The Service Employees International Union (SEIU) is giving away copies of a poster (pictured right) of Barack Obama, which it describes as “an original…
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Regulation of the Day 26: Fortune Telling in Maryland
You need a license to tell fortunes in Annapolis, Maryland.
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Union Bosses Say the Darndest Things
As described in an OpenMarket post by CEI’s Ivan Osorio a couple weeks ago, the Teamsters union and UPS are currently lobbying Congress to…
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Chuck Schumer: “We’ve Got to Stand Still”
High-frequency stock trading — the markets where sophisticated algorithms running on bleeding edge hardware trade assets using information only fractions of a second old —…
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Regulation of the Day 25: Cattle with Scabies
If you own cattle and they are at risk of catching scabies, you may want to read up on the pertinent federal regulations. There are…
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
- Antitrust
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
- Climate
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