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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The week in regulations: Pipeline safety and NFL Draft security
Federal Reserve Chair nominee Kevin Warsh had his confirmation hearing, and President Trump dropped his criminal investigation into Jerome Powell. The government is poised to…
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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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Memo to Road Socialists: There Is Nothing Unlibertarian about Road Pricing
Virginia just elected Democrat Terry McAuliffe as governor, as had been predicted by every poll conducted during the past few months -- although at a…
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Senate Poised to Pass Employment Non-Discrimination Act
Yesterday, the Senate voted 61-to-30 to invoke cloture on the Employment Non-Discrimination Act, which would ban workplace bias based on sexual orientation or…
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CEI’s Battered Business Bureau: The Week in Regulation
92 new regulations, from student loan paperwork to government employee travel allowances.
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Cataloging Washington’s Hidden Costs: Part 1: The Loss of Liberty
Measure what is measurable, and make measurable what is not so. —Quote frequently attributed to Galileo that he probably never said. Washington is teeing up…
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CEI Study Supports Tax Cuts for Beer
If you’ve read Lauren French’s Politico article on the two beer tax reduction bills currently under consideration in Congress, you might think that the Competitive…
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Mel Watt Fails Taxpayer, Privacy, and Transparency Tests
Former Rep. Mel Watt, D-N.C., failed his procedural confirmation vote today to head the Federal Housing Finance Agency, which oversees the government housing entities Fannie…
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