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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The Day Four Loko Died
Last month, when Phusion Projects announced they were removing caffeine from their popular alcoholic-energy drink Four Loko, they told the FDA that “original recipe”…
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Ruling in Virginia’s Challenge to Obamacare Individual Mandate Expected Today
A ruling in Virginia’s constitutional challenge to Obamacare’s individual mandate is expected later today. The Competitive Enterprise Institute joined in an amicus brief filed…
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Feds Use New Tool to Target Ex-CEO
The Daily Caller
Federal Pay Freeze: More Things Stay the Same
Five short months after Democrats called Republicans’ suggestion to freeze federal pay a “cynical ploy,” President Obama announces his plan to freeze federal paychecks…
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Are Government Employee Unions Losing the Democrats?
Government employee unions have long been renowned as one of the Democratic Party’s most loyal and dedicated supporting constituencies. For years, Democratic politicians have supported…
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New Fast Food Restaurants Banned in South Los Angeles
New fast-food restaurants are now banned in South Los Angeles. Say goodbye to many entry-level jobs in that poor urban area. The cockamamie idea behind this ban is…
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
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Sam Kazman
Counsel Emeritus
- Antitrust
- Automobiles and Roads
- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment