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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This Week in Ridiculous Regulations
Non-impeachment news involved a major court ruling on net neutrality, plus a new tariff. This year’s Federal Register is on pace to surpass last year’s…
Letters
CEI Joins Open Letter of Support for David Bernhardt’s Nomination as Interior Secretary
The undersigned organizations and individuals write to express our strong support for Acting Secretary David Bernhardt as nominee for Secretary of the Department of Interior…
News Release
CEI Congratulates New OIRA Director Paul Ray and Encourages Him to Embrace Reforms
The White House announced today that Paul Ray will be the next director of the Office of Information and Regulatory Affairs (OIRA) within the Office…
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Costs of Government Steering by Direct Ownership or Control of Resources
If one thinks government ought to run a sector of the economy (single-payer health care, education, retirement, energy), then almost by definition that individual would…
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Vast Regulatory Costs of Top-Down National Plans, Agendas, and Legislative Schemes
If government steers in some societal, industrial, or sector-specific endeavor via top-down national plans, agendas, or legislative schemes, it can generate ongoing regulatory costs even…
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This Week in Ridiculous Regulations
Congress is out of session for the next two weeks, and the impeachment investigation will likely dominate headlines for some time to come. Meanwhile, the…
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