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…
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…
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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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CEI Weekly: Cuomo’s Antitrust Witch Hunt
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features Iain Murray's testimony in front of the Senate against the…
Newsletter
Cap and Trade, Sarbanes-Oxley and Anti-Cat Regulations
Senate Democrats win committee approval of a “cap-and-trade” bill to reduce U.S. greenhouse gases over the objection of Republicans. The House Financial Services Committee voted…
Blog
Unfunded Mandates
Today's American Spectator Online has a piece by CEI VP Wayne Crews and I on curbing Congressional abuse of unfunded mandates.
Newsletter
Intel v. Antitrust, U.S. Chamber Caves on Energy and Accounting for Unfunded Mandates
New York attorney general Andrew Cuomo files an antitrust lawsuit against Intel. The U.S. Chamber of Commerce caves into to special interest pressure on energy…
Blog
NY Attorney General Files Antitrust Suit Against Intel
Intel does not enjoy government protection of its market share, nor does it operate in a vacuum, immune from discipline if if its rebates are…
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Regulation of the Day 69: Owning More than Three Cats
A new local ordinance in Dudley, Massachusetts makes it illegal to more than three cats without a license. Coaseian bargaining might be a better solution…
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