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…
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China Takes Hard Stance on EU’s Airline Emissions Charges
It looks like it could begin a trade war — in airplanes. China has announced that it may impound European Union airplanes in retaliation if…
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Jamie Dimon and the “Just Fine” Private Sector
It will be interesting to see how the Big Government punditocracy squares its doubling-down defense of President Obama's comments that "the private sector is…
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Stigler on the Regulatory Mindset
"There are only two alternatives to the market: the state, and prayer. It turns out the two were merged in one."…
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Union Bosses Care More about Collective Bargaining than Students
In Massachusetts and Louisiana, union bosses' recent actions indicate collective bargaining privileges and lavish contracts are their number one priority. First in Massachusetts, the AFL-CIO…
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CEI’s Battered Business Bureau: The Week in Regulation
65 new regulations last week, covering everything from substance abuse to the official taxonomy of the endangered African wild ass.
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Regulation of the Day 220: Driver’s Side Mirrors
A math professor has invented a driver's side mirror that eliminates the dreaded blind spot, but regulators won't let car makers use them.
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