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 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…
Blog
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…
Blog
Free the Economy podcast: The future of financial regulation with Thomas Hoenig
In this week’s episode we cover the status of occupational licensing in the 50 states, the coming crack-up over entitlement spending,…
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Blog
This Week in Ridiculous Regulations
As the Federal Register climbed above 87,000 pages for the first time in its 81-year history, agencies issued new rules ranging from landfills to movie…
Daily Signal
Obama Administration Not Finished Yet With Executive Actions, Regulations
The Daily Signal discusses the Obama administration's federal regulatory pace with Ryan Young. The fact that Trump could overturn much executive or administrative…
Products
Free to Prosper: Regulatory Reform
View the full chapter on regulatory reform here All legislative Powers herein granted shall be vested in a Congress of the United…
Blog
This Week in Ridiculous Regulations
Thanksgiving week was a busy one, with new regulations ranging from potatoes to royalties.
Washington Examiner
Race to finish: 1 new Obama reg every 147 minutes
Washington Examiner highlights CEI's work to track the federal goverment's current regulatory pace. According to the Competitive Enterprise Institute, Obama's regulatory machine is on…
Forbes
Donald Trump Promises To Eliminate Two Regulations For Every One Enacted
President elect Donald Trump, in a new video covering the transition and policy for the first 100 days, promises to get rid of regulation on…
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
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- Regulatory Reform
Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
- Aviation
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Sam Kazman
Counsel Emeritus
- Antitrust
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Marlo Lewis, Jr.
Senior Fellow
- Climate
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- Energy and Environment