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: Fluid milk options and battleship safety zones
The Court of International Trade struck down President Trump’s Section 122 tariffs. The labor force shrank by 92,000 people over the last year. Agencies issued…
Blog
Free the Economy podcast: Highway robbery with David Ditch
In this week’s episode we cover how to make the moral case for capitalism, affordable housing via regulatory reform, and tracking…
Blog
Deregulation by the numbers: One-third into 2026 — a rulebook rewrite?
At the close of the first third of the year, a spring 2026 Unified Agenda formally outlining agency priorities has yet to appear. In fact,…
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Inside Sources
Post-Virus Economics – Working Toward a Small Business Recovery
When the stay-at-home orders are lifted, we’ll be in a race to get millions of Americans back to work. Large companies will be in a…
Blog
This Week in Ridiculous Regulations
When Congress convenes next week, it will likely begin work on a Phase 4 stimulus bill. CEI analysts have made the case that addressing #NeverNeeded…
Real Clear Markets
An Effective Pandemic Response Would Be Deregulation
During a pandemic, regulations should not get between sick people and health care, or between hungry people and food. This also applies in normal times.
Blog
How SEC Accounting Regulations Hindered National Stockpile—and Still May Be Doing So
In a new report, CEI experts outline #NeverNeeded regulations that are frustrating responses to the pandemic and its aftermath. Among those is an obscure Securities…
Blog
Deregulation Is an Effective Pandemic Defense
In a new op-ed in RealClearMarkets, Iain Murray and Ryan Young outline the major points of CEI’s just-released #NeverNeeded paper, which identifies regulations harmful to…
Real Clear Markets
How To Make The Phase 4 Coronavirus Response All About Regulatory Reform (Not Just Spending)
When it comes to spending money we don’ t have and calling it rescue, the nation has been there, done that, bought the t-shirt. We…
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