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
Blog
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…
Search Posts
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National Security Is No Argument against Regulatory Reform
On the Lawfare blog, Professor Ganesh Sitaraman of Vanderbilt Law School and the Center for American Progress offers an argument about regulatory reform that…
Blog
This Week in Ridiculous Regulations
There were 63 final regulations and 28 proposed regulations last week, but again, few of them amounted to much. We’ll have more to say on…
Blog
FTC Launches Economic Liberty Task Force to Fight Overregulation
Federal agencies have a well-deserved reputation for issuing regulations, publishing guidance documents, and bringing enforcement actions against American businesses. But when the stars align, agencies…
Newsmax
‘It’s About Bloody Time’ Someone Cuts Excessive Government Regulation
Newsmax highlights the cost of regulation from Wayne Crews’s Ten Thousand Commandments report. The Competitive Enterprise Institute estimates that the total cost of…
The Hill
Obama FCC’s ‘privacy’ rules were a sham
The Hill highlights CEI’s calculation of the Federal Communication Commission’s 2015 regulatory costs. The FCC is no poster child for efficiency for that…
Blog
Regulations – How Much Do They Cost You?
From the labels on our food to the shoes on our feet, regulations are a part of our everyday lives. And there…
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
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Sam Kazman
Counsel Emeritus
- Antitrust
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Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment