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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Say No to EFCA in 2010
Given the amount of palm-greasing that was required to get reluctant moderate Democratic senators to vote to end debate on Obamacare, it's unlikely that those…
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Regulation of the Day 90: The National Poultry Improvement Plan
Having solved all the nation’s other problems, the federal government has a National Poultry Improvement Plan.
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CEI Weekly: CEI Offers More for Gore Debate
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's video invitation to Al Gore to debate the topic…
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Climategate Op-Ed in Detroit News
Here is my op-ed published in the Detroit News on December 23. Climategate: What e-mail really means Daniel Compton By now, most people…
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Regulation of the Day 89: Purple Dye
Modern innovations such as synthetic dyes, the Minnesota Vikings, and purple M&Ms have taken away purple’s exotic reputation. But no worry. Federal regulators are doing…
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Regulation of the Day 88: College Football’s Playoff System
On the other hand, legislators do less harm when they spend their time on college football rather than, say, health care.
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