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.
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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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CEI’s Battered Business Bureau: The Week in Regulation
The 2015 Federal Register broke the 60,000-page barrier in a big way, with new rules ranging from tuna boats to Nicaraguan archaeology. On to the…
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What Will a Chaffetz Speakership Mean for Internet Freedom?
With House Majority Leader Kevin McCarthy’s (R-Calif.) gaffe regarding the Benghazi investigation, the race to replace outgoing Speaker John Boehner (R-Ohio) appears much more open. Days later,…
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Agency Overload: Meet the Federal Bureaucracy One-Page Word Cloud
There exist various counts of agencies in the federal bureaucracy, but no particular tally is regarded authoritative. The “Agency List” page maintained at FederalRegister.gov probably…
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CEI’s Battered Business Bureau: The Week in Regulation
In another busy week, federal agencies issued new regulations for everything from tomato plants to airplane seats. On to the data: Last week, 76 new…
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CEI’s Battered Business Bureau: The Week in Regulation
A slow week closed with a bang, with Friday’s Federal Register containing 15 proposed regulations, 25 final regulations, and 502 pages. Throughout the week, new regulations cover…
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Education Department Power Grabs Criticized in Congress
Yesterday, The College Fix published an interesting story titled “Department of Education shredded for lawless overreach in Senate hearing.” It was about Congress getting annoyed with…
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Clyde Wayne Crews
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Fred L. Smith, Jr.
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