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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Deregulation by the numbers: One-third into 2026 — a rulebook rewrite?
At the close of the first third of the year, a spring 2026 Unified Agenda formally outlining agency priorities has yet to appear. In fact,…
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The week in regulations: Marine terminal fires and marijuana rescheduling
The Federal Reserve held interest rates steady, and outgoing Chairman Jerome Powell will remain on the Fed’s Board of Governors when Kevin Warsh takes over.
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Free the Economy podcast: The business of Federalism with Derek Kreifels
In this week’s episode we cover childcare in the 50 states, how to fix rising healthcare costs, the new Institute for…
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CEI Podcast for November 3, 2011: Scary Makeup
Senior Fellow Angela Logomasini debunks scare stories that chemicals in makeup and other household products cause cancer, neurological disorders, birth defects, and other health problems.
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Reforming the FCC’s Regulatory Process
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Wealthy Chanhassen, Minnesota, NIMBYs Oppose Retail Competition, Support Development Socialism
Reading the tired, silly claims of left-wing, anti-Wal-Mart activists generally makes me yawn. But it annoys me to see some of my former neighbors from…
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Alcohol Regulation Roundup: November 2, 2011
A round up of the interesting booze-related news stories from around the nation. Hint: the two best are at the end. National: Our nation’s…
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Bank of America Debit Decision Doesn’t Negate Dodd-Frank’s Costs to Consumers
Bank of America and other banks are cancelling plans to impose monthly debit card fees. This was one of the ways Bank of America, as…
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Regulation is this Halloween’s Goblin
Uncle Sam may be the biggest spook to business this Halloween. A new Gallup poll of small business owners shows that “complying with government regulations”…
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