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: Grandfathered driver vision and socializing dogs
The Supreme Court declared President Trump’s IEEPA tariffs unconstitutional. The White House responded by enacting a 15 percent global tariff under a different statute. The…
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Free the Economy podcast: What’s wrong with Congress with Kevin Kosar
In this week’s episode we talk about we talk about Consumer-Regulated Electricity, the amazing falling US poverty rate, and how smart…
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Trump’s deregulation meets invisible rulemaking: The real 2026 challenge
After a brief shutdown, most fiscal year 2026 appropriations have been enacted, despite continued debate over Department of Homeland Security (DHS) funding. We may soon…
Search Posts
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New Taxes on Investors in Obamacare, and Massive Marriage Penalties, Too
The new tax on investors in the health care bill has been increased from 2.9 percent to 3.8 percent, but only a few media…
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Regulation of the Day 129: Droves of Animals on Streets
Washington, DC city law states that “No loose herd or flock shall be driven or conducted in the District, except with a permit issued by…
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Health Care Bill Would Vastly Expand IRS Power; CBO Ordered to Base Cost Estimate on False Assumptions
“House health care bill dangerously expands IRS power,” say a tax law professor and GOP leaders. The Washington Examiner says that “16,500 more…
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CEI Weekly: CEI Opposes National ID on Fox News
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features Alex Nowrasteh on Fox News debating the violations of privacy…
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National ID Plan Insults Americans
President Obama recently gave his thumbs-up to an immigration compromise plan formulated by Chucky “Why Am I So Annoying” Schumer (D-NY) and Lindsey Graham (R-SC)…
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Regulation of the Day 128: Bounty Hunters
You need a license to be a bounty hunter in New Jersey.
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