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: Maximum New York with Daniel Golliher
In this week’s episode we cover climate collusion between California and Quebec, how luxurious college campuses are breeding socialists, and government…
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The regulatory costs we still aren’t counting
Several years ago, I assembled a “Costberg” working paper surveying the largely impenetrable and undisclosed costs of regulation. The project grew out of…
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The week in regulations: Voting by mail and $100,000 visas
The number of new final regulations in 2026 topped the 2,000 mark. President Trump escalated his trade war against Canada and issued an executive…
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This Week in Ridiculous Regulations
In the news, The new NAFTA was signed (but still needs legislative approval in all three countries), General Motors announced major layoffs and plant closures,…
IA InsideARM
Senate Vote On Kraninger To Lead BCFP Expected Tomorrow
IA InsideARM cited CEI’s Senior Fellow John Berlau and Policy Analyst Daniel Press on BCFP nominee Kathleen Kraninger. As insideARM reported earlier,…
The Washington Times
Free-Market Group Calls On Senate To Confirm Kathleen Kraninger To Lead Consumer Bureau
The Washington Times cited CEI’s Policy Analyst Daniel Press on BCFP nominee, Kathleen Kraninger. A conservative free-enterprise group urged the Senate Wednesday to…
The Florida Times-Union
Sunday Editorial: Be Smart With Federal Regulations
The Florida Times-Union cited CEI on the federal regulatory state. But regulations serve little purpose when they are unnecessary, encourage crony capitalism or…
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This Week in Ridiculous Regulations
It was another short work week due to Thanksgiving, while Black Friday’s ritual tramplings put a damper on that day’s productivity. Last week agencies published…
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This Week in Ridiculous Regulations
It was a short work week due to Veterans Day, as most Americans took time to reflect on the centenary of the World War I…
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