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
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…
Blog
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…
Search Posts
Blog
State Losing Control of Pennsylvania Liquor
Privatizing Pennsylvania's liquor stores has been a subject of debate for decades. Proposals in the past have been met with fear about the effects privatization…
Blog
Regulatory Roundup
Here’s another batch of regulatory bloopers: In Little Rock, Arkansas, it is illegal to honk your horn at a restaurant after 9:00 pm. It has…
Op-Eds
Nice Talk. When’s the Jobs Speech?
Hauling the United States Senate and a reluctant House together to listen to you on NFL kickoff night–when it’s not even State of the…
Op-Eds
Immigration is Not Charity
The biggest misconception about immigration is that it is a zero-sum game–that there is a finite number of jobs which immigrants “take” from the…
Citation
A Plan Better than Obama’s to Create Jobs
News Release
CEI Presents Alternative to American Jobs Act
Washington, D.C., September 9, 2011—Last night, President Obama presented Congress with a $447 billion “American Jobs Act.” The high price tag covers yet another…
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