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…
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Apparent Hold on Solis Nomination
The confirmation of Rep. Hilda Solis (D-Calif.) as Labor Secretary has run into an unexpected delay, as an unidentified Republican senator appears to have…
News Release
CEI Unveils Agenda for Congress
Washington, D.C., January 26, 2009—With the incoming Obama administration and the opening of the new Congress, the House and Senate are…
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Consumer Product Safety Law Backfires, Killing Thousands of Jobs
A consumer-product safety law recently passed by Congress will drive up the price of children’s clothes and toys and put thousands of small toymakers…
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Regulating Our Way to Recovery
Normal 0 false false false MicrosoftInternetExplorer4 Tucked in the massive stimulus bill passed by the House Appropriation Committee is a $4.5 billion appropriation for…
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TV Transition follies: Plaguing consumers then and now.
Looks like the “digital television transition” to abandon analog and make high-definition broadcasts the standard is not going to happen as planned, but is…
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The New Green Economy?
I’ve spent a while crunching the numbers relating to energy and environment spending in the stimulus bill. The bill will spend about $80 billion on…
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
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Sam Kazman
Counsel Emeritus
- Antitrust
- Automobiles and Roads
- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment