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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Halfway through the 119th Congress, CEI’s Agenda is turning into action
As the 119th Congress reaches its halfway mark, it is a good time to look back on what lawmakers have done in the past year.
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The week in regulations: Reimagining education and underground mines
Kevin Warsh is President Trump’s nominee for the next Federal Reserve chairman. The Fed held interest rates steady at its most recent FOMC…
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Free the Economy podcast: The meaning of GDP with Brian Albrecht
In this week’s episode we talk about the last 50 years of regulatory reform, a new study on climate adaptation, and reforms…
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Biden’s Fall 2024 Unified Agenda of regulations: The numbers, trends, and what’s next
The Biden administration’s Office of Management and Budget (OMB) dropped the Fall 2024 Unified Agenda of Federal Regulatory and Deregulatory Actions this past weekend.
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This week in ridiculous regulations: Natural grass marketing and arms trafficker registration fees
The 2024 Federal Register surpassed 100,000 pages for the first time ever, and the number of new regulations on the year passed 3,000. Agencies issued new regulations ranging…
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Free the Economy podcast: Tax and budget showdown 2025 with Erica York
In this week’s episode we cover new climate disclosure rules for public companies, the case against price controls on credit card networks,…
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This week in ridiculous regulations: Lime emissions and stabilizing the Western Balkans
The 2024 Federal Register set a new all-time record page count on December 3. It surpassed 2016’s record of 95,894 pages with nearly a month to spare. Syria’s dictatorship…
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Biden breaks Federal Register record
Joe Biden’s administration has set a new Federal Register record with 96,088 pages as of December 3, 2024, surpassing the Obama administration’s 95,894 pages in…
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This week in ridiculous regulations: Milk marketing and sport fishing
It was a shortened week on account of Thanksgiving. Agencies issued new regulations ranging from fed cattle to general service lamps. On to the data: • Agencies issued 57 final regulations last week,…
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