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 deregulation machine hits bureaucratic resistance
A new White House Office of Management and Budget (OMB) memo, “Streamlining the Review of Deregulatory Actions,” poses an ambitious test: can agencies use…
Blog
Free the Economy podcast: Truth, lies, and economics with Jeremy Horpendahl
In this week’s episode we talk about Social Security’s cost of living, conserving rare earth minerals, and why California keeps losing…
Blog
The week in regulations, shutdown edition: Student loans and foreigners’ biometric data
President Trump announced a trade deal with China. The Federal Reserve cut interest rates. The continued federal shutdown meant another slow week in the Federal…
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Blog
Free the Economy podcast: Working for a better tomorrow with Vinnie Vernuccio
In this week’s episode we cover America’s founding principles, the Cato Institute’s recommendations for reforming financial regulation, why Republicans shouldn’t be busting…
Blog
This week in ridiculous regulations: Volatile gas and the Gulf of Mexico
The Federal Reserve held interest rates steady, and President Trump put on some pressure to lower them. Trump also fired Democratic FTC commissioners on unclear…
Law and Liberty
A Revolution Against Regulation
One of the great threats to freedom in the United States today is what we at the Competitive Enterprise Institute call “…
CPAC
CPAC 2025 and Beyond: A Roadmap to Lasting Regulatory Reform
CPAC has CEI’s expert speak on a panel about regulatory reform On Friday, February 21st, 2025, attendees at the Conservative Political Action Conference (CPAC)…
News Release
Surfing the environmental permitting bureaucracy in Hawaii: CEI report
Hawaii’s environmental permitting system sits at a crucial moment in history, with the destruction of homes and businesses on Maui in the August 2023 wildfires…
Study
Aloha Approvals
Hawaii’s permitting system is at a critical juncture, faced with the dual challenges of rebuilding in the wake of the 2023 Maui wildfires and addressing…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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