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
America 250 election year rightsizing: Time to get things undone
The new 2026 Ten Thousand Commandments survey of federal regulation and reform landed at an awkward moment. Election cycles tend to crowd out serious thinking…
Blog
The week in regulations: Date taxes and microreactors
It was nearly a 3,000-page week in the Federal Register, roughly double the usual pace. Year-over-year inflation jumped to 3.8 percent, the worst reading since…
Blog
Free the Economy podcast: Pension politics with Jarrett Skorup
In this week’s episode we cover more legal headaches for the Trump tariffs, keeping kids safe in an AI world, and California’s…
Search Posts
Op-Eds
Jobs Speech Won’t Do the Job
Presidential candidate Mitt Romney released his own jobs agenda this week in anticipation of President Obama’s Thursday address to Congress. The most important idea is…
News Release
CEI’s Ten-Point Plan to Create Jobs
1. Repeal financial “reform” laws, such as Dodd-Frank and the Sarbanes-Oxley Act, that are causing economic uncertainty and dissuading businesses from expanding, investing, and hiring…
Blog
TSA Agent: Be Quiet About Alleged Sexual Assault, or Pay $500,000
Give some people a badge, and the power goes to their head. A TSA agent has threatened to sue a female traveler who complained…
Blog
Obama Infrastructure Stimulus: Union Payoff Filled with Rail Boondoggles and Pork
Obama's proposed infrastructure stimulus is a payoff to Big Labor, as economist Ronald Utt explains. It "represents tens of billions of dollars in high,…
Blog
Stimulating Language
I’ve argued for a long time that stimulus bills are poorly named; it implies that they stimulate the economy. “Spending bill” is a non-loaded term…
Blog
Dear Labor, Don’t Fear the Robot
In California, a war is quietly being fought: workers versus technology. And the war has materialized in the form of a bill that seeks…
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