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
America 250 election year rightsizing: Time to get things undone
The new 2026 Ten Thousand Commandments survey of federal regulation and reform landed at an awkward moment. Election cycles tend to crowd out serious thinking…
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The week in regulations: Date taxes and microreactors
It was nearly a 3,000-page week in the Federal Register, roughly double the usual pace. Year-over-year inflation jumped to 3.8 percent, the worst reading since…
Blog
Free the Economy podcast: Pension politics with Jarrett Skorup
In this week’s episode we cover more legal headaches for the Trump tariffs, keeping kids safe in an AI world, and California’s…
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Regulation of the Day 51: Mandatory Hand Sanitizing
In Jersey City, New Jersey, the school district is requiring students to “sanitize their hands when they walk into the class in the morning, before…
Newsletter
Obama on Wall Street, EPA Backlash and Health Care Roadblocks
President Obama gives a major speech in New York on the future of Wall Street. The Environmental Protection Agency’s attempt to censor data on global…
Blog
Obama scolds Wall Street, but targets Main Street with regs
One year after the Wall Street meltdown, President Obama…
Blog
Regulation of the Day 50: Tires from China
The burden is on tariff supporters to explain why they think people who live in one country are more deserving of economic opportunity than people…
Blog
Scientist Who Saved a Billion Lives Dies; Congress Blocks Reform of Law Based on Junk Science
Norman Borlaug, the scientist who saved a billion lives by fathering the Green Revolution, died Saturday at the age of 95. His work…
News Release
One Year After Wall Street Meltdown, Obama Targets Main Street
One Year After Wall Street Meltdown, Obama Targets Main Street Statement by John Berlau of CEI Center for Investors and Entrepreneurs Washington, D.C., September…
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