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
Blog
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…
Blog
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…
Blog
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
Blog
Center-Right Coalition Calls For Credit Union Deregulation to Lift Lending
The recent viral video sensation "If I Wanted America to Fail" confirms that the regulatory state is a major focal point for the center-right…
Blog
Court Rules State Biotech Food Labeling Mandates Preempted By Federal Law
It’s been a few years since biotech foods have been regular front page news. The anti-technology activists cried wolf a few too many times, and…
Blog
Student Loans Drive Up Tuition, Create Demographic Time Bomb and Higher-Education Bubble
Professor Glenn Harlan Reynolds writes in the New York Post about how student loan programs have contributed to skyrocketing debt and rising defaults:…
Blog
The Deregulator Who Wasn’t
Washington Examiner columnist Conn Carroll refutes President Barack Obama’s attempt to blame the nation’s ongoing economic problems on his predecessor. In a recent interview,…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
81 new regulations passed last week, covering everything from Medicare to fishing for northeast skate.
Blog
Diversity Training Doesn’t Work, But It Persists Anyway, Due to Compulsion
Diversity training doesn't work, according to an article in Psychology Today. In it, Peter Bregman notes, “Diversity training doesn't extinguish prejudice. It…
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