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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Microsoft, Yahoo, and Antitrust
If regulations are to be effective, they must be either clear or silent; antitrust statutes are neither. That alone is reason enough to urge trustbusters…
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Regulation of the Day 27: Beekeeping in South Dakota
Beekeeping in South Dakota is illegal without a license.
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A Poster too Important to Leave to the Market
The Service Employees International Union (SEIU) is giving away copies of a poster (pictured right) of Barack Obama, which it describes as “an original…
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Regulation of the Day 26: Fortune Telling in Maryland
You need a license to tell fortunes in Annapolis, Maryland.
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Union Bosses Say the Darndest Things
As described in an OpenMarket post by CEI’s Ivan Osorio a couple weeks ago, the Teamsters union and UPS are currently lobbying Congress to…
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Chuck Schumer: “We’ve Got to Stand Still”
High-frequency stock trading — the markets where sophisticated algorithms running on bleeding edge hardware trade assets using information only fractions of a second old —…
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