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…
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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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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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Op-Eds
Bush Years Imposed Crushing Regulatory Burdens
Among the biggest lies told by liberals over the past few years is that the administration of President George W. Bush was some sort of…
Citation
Chris Horner on “Green” Programs and the War on Styrofoam
Chris Horner addresses the failure of "green" programs, both in terms of cost and purpose. He discusses the many millions wasted by the government…
Op-Eds
The Debt Ceiling, Thomas Jefferson and the Semi-Virtue of a Balanced Budget Amendment
I’m for a balanced budget, even an amendment, but I’m more for the principle of limited government. A federal government that picks a national bird…
Blog
Fannie Mae Played a Bigger Role in the Financial Crisis than Previously Thought
In the Wall Street Journal, Peter Wallison, who prophetically warned against the risky practices of mortgage giant Fannie Mae, describes the key role…
Blog
Michelle Obama’s 1700 Calorie Hypocrisy
I am no fan of ad hominem attacks, especially when it’s the President and his administration that deserve true criticism for their policies. So, when…
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CEI’s Iain Murray Interviewed on New Book, Stealing You Blind
CEI Vice President for Strategy, and director of CEI’s Center for Economic Freedom, Iain Murray has a new book, Stealing You Blind: How Government…
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
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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
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