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
Mid-year 2026: Is Washington actually deregulating?
It’s June 30, mid-year 2026 — almost America’s birthday. In terms of conventional issuance of rules and regulations in the Federal Register, the Trump…
Blog
A $25 minimum wage cannot legislate away the high cost of living
Affordability is the political buzzword for 2026. Last week, Sen. Chris Murphy (D-CT) announced plans to introduce the Living Wage for All Act,…
Blog
The week in regulations: Blacksmith shops and airman certificates
Former Federal Reserve Chairman Alan Greenspan passed away. Neither the Reflecting Pool debacle nor its algae have faded away. PCE inflation is over 4…
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Newsletter
Consumer Credit, Social Security and Swine Flu
The House of Representatives votes to limit credit card fees and interest rates. President Obama endorses raising Social Security taxes. Vice President Biden advises Americans…
Blog
Fix Social Security; Unleash Capital
In RealClearMarkets.com, Fred Smith and I explain how the seemingly forgotten — but still important — goal of Social Security reform can help unleash capital,…
News Release
CEI Comment on Obama 100 Days
Obama Bombs on Spending, Energy in First100 Days, Hope for Progress on Regulations, Credit Crisis CEI Comments on Obama 100 Days and What’s Ahead…
Financial Times
Fed’s policies contradict each other
Sir, Henry Kaufman frets that “libertarian dogma led the Fed astray” (April 28). Congress, not free-market ideology, is the real culprit. One reason…
Blog
Well @#$%&, Supreme Court Upholds Ban on “Expleetive Deleetives.”
In FCC v. Fox today, the Supreme Court upheld regulation of “fleeting expletives” on broadcast television. What should be “fleeting” is the nearly century old…
Financial Times
Dodd to revise CARD proposal
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