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: Mississippi renaissance with Douglas Carswell
In this week’s episode we cover housing abundance, capitalism’s approval rating, audits of state finances, and the consumer nostalgia of…
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The most powerful monopoly isn’t a corporation: Introducing the Capitol Control Quotient
Policymakers often argue over whether capitalism works and how aggressively it should be restrained. But they rarely ask the more pertinent question: where, exactly, does…
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The week in regulations: Fusion machines and suspicious health care
President Trump launched a preemptive war with Iran, leading many to question the true worth of the FIFA Peace Prize. The 2026 Federal Register topped…
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Regulation of the Day 62: Government Employees and Texting while Driving
Executive Order No. 13513 prohibits federal employees and contractors from texting while driving while on duty.
Newsletter
Teacher Unions, Obama’s Climate Czar and Public Choice
Director Bob Bowden exposes corruption and waste in public schools in the new film The Cartel. Critics object to the potentially sweeping powers of President…
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CEI Weekly: John Berlau Criticizes Proposed Consumer Protection Agency
CEI weekly is a compilation of articles and blogs from CEI's staff. This week's feature is John Berlau's appearance on C-Span talking about ways to…
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Regulation Not Worth Its Salt
A recent study by University of California, Davis nutritionists concludes that it may not even be possible to reduce salt intake through regulation.
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Robert Reich Gets It
Some of the consequences of increasing government’s role in health care are easy predict.
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New Version of Obama Health-Care Plan Relies on Imaginary Savings, Costs More Than $2 Trillion, and Will Explode Federal and State Budget Deficits
Health-care “reform” always costs more than predicted, as ObamaCare provisions have at the state level. So the claim that the new, cheaper version…
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