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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OPFAIL: Establishing a Congressional Office of Political Failure Analysis
For decades, reformers have proposed some version of a Congressional Office of Regulatory Analysis (CORA), a congressional counterpart to the regulatory oversight apparatus housed within…
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The week in regulations: Black boxes and weather reports
The 2026 Federal Register topped 30,000 pages. President Trump’s Justice Department is poised to give him a $1.776 billion fund he can use to reward…
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Free the Economy podcast: Fighting Medicaid fraud with Parker Thayer
In this week’s episode we cover higher inflation numbers, a strike on the Long Island Rail Road, and new disability tech…
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Idaho’s successful regulatory reform
Over at National Review, my colleague Hayden Stolzenberg and I examine some of Idaho’s recent regulatory reforms, as outlined in a recent CEI paper.
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The missing guardrail in crisis politics: Discipline
Modern American governance has developed a troubling pattern. Economic shocks like the 21st century’s financial panics and pandemic are often met with vast expansions of…
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The week in regulations: Music royalties and avocado maturity
The Iran war continued to raise oil prices. The Trump administration took steps to raise tariffs under Section 301 of the 1974 Trade Act, but…
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Free the Economy podcast: Regulating finance with James Copland
In this week’s episode we cover the 250th anniversary of Adam Smith’s Wealth of Nations, fighting fraud in broadband deployment, and cutting…
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The week in regulations: Shellfish inclusion and paper manifest sunsets
The labor force shrank by 92,000 jobs in January. Oil prices spiked. Twenty-two state attorneys general filed a lawsuit against President Trump’s Section 122 tariffs.
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Free the Economy podcast: Mississippi renaissance with Douglas Carswell
In this week’s episode we cover housing abundance, capitalism’s approval rating, audits of state finances, and the consumer nostalgia of…
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
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Sam Kazman
Counsel Emeritus
- Antitrust
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- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment