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…
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…
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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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Forbes
Despotism-Lite? The Obama Administration’s Rule By Memo
Congress passed a few dozen bills last year that President Barack Obama signed into law. Outside the normal legislative process, though, federal agency regulations number…
Blog
Red Tapeworm 2014: Cumulative Final Rules in the Federal Register
This is Part 13 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State (2014 Edition)…
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Is John Boehner’s Lawsuit the Best Way to Rein in the Executive Branch?
House Speaker John Boehner plans to sue President Obama over perceived abuses of the separation of powers. Over at the Daily Caller, I argue that…
The Daily Caller
Is John Boehner’s Lawsuit The Best Way To Rein In The Executive Branch?
On Wednesday, House Speaker John Boehner announced plans to sue the White House for breaching the Constitution’s separation of powers. “On one matter after another…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
There were no major regulations this week, but more than 80 little ones, covering everything from a religious exemption to the federal tanning tax to…
Blog
Red Tapeworm 2014: Number of Proposed and Final Rules in the Federal Register
This is Part 12 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State (2014…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
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Ryan Young
Senior Economist and Director of Publications
- Antitrust
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
- Climate
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- Energy and Environment