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: 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…
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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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Consumers Will Win in Combined AT&T-DirecTV
AT&T agreed Sunday to purchase DirecTV for $67 billion in cash, stock, and acquired debt. If federal regulators approve the deal, the combined firm…
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The Premises of Net Neutrality
In the electric power industry, if you run an extension cord across the street to serve another, you go to jail. The local utility has…
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CEI’s Battered Business Bureau: The Week in Regulation
77 new regulations, from cotton grading to walk-in coolers.
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Failed Obamacare Exchanges and No-Work Contracts Drive up Obamacare Costs
Politico tallies the rising costs for "four failed Obamacare exchanges," reporting: Nearly half a billion dollars in federal money has been spent developing four …
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No, the FCC Did Not Allow “Fast Lanes” on the Internet, Yet
This week, the Federal Communication Commission (FCC) held an Open Meeting to propose new rules regarding regulation of Internet service providers (ISPs), such as Verizon and…
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Red Tapeworm 2014: Regulations Cost More than Federal Income Taxes
This is Part 5 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual…
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