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
The week in regulations: Mariner training and Maryland trash
The federal government’s annual budget deficit hit $2 trillion. Defense Secretary Pete Hegseth pledged to livestream an execution. Thirty-year Treasury bond interest rates continued…
Blog
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…
Blog
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…
Search Posts
Blog
The week in regulations: Professional fireworks and farmer training
The 2026 Federal Register topped 50,000 pages and is on track to exceed 85,000 pages for the year. The economy lost 23,000 jobs, yet…
Blog
Free the Economy podcast: The Independence Index with Marc Wheat
In this week’s episode we cover the effect of tariffs on car prices, trends in electricity supply and demand, and the…
Washington Examiner
Fed’s transparency playbook changing under Warsh
CEI’s Ryan Young was cited by the Washington Examiner relating to the Federal Reserve. Even with the forward guidance under Powell, Ryan…
Blog
The week in regulations: Peach diversion programs and nuclear packages
The Federal Reserve kept interest rates the same, and an increase may be on the way. Economic growth remained below average, and inflation remained…
Study
Permitting Reform for a Freer and More Prosperous Nation
Contents Special Advisors The Importance of Permitting Reform Part 1: 11 Principles for Permitting Reform Part 2: Statute-by-Statute Analysis for Permitting…
Blog
The week in regulations: Carbon nanotubes and colored sausage casings
President Trump enacted new tariffs against more than 60 countries. Some of the Canada tariffs invoke a never-used statute from the 1930 Smoot-Hawley Tariff…
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