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
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,…
Blog
The week in regulations: Marine terminal fires and marijuana rescheduling
The Federal Reserve held interest rates steady, and outgoing Chairman Jerome Powell will remain on the Fed’s Board of Governors when Kevin Warsh takes over.
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Blog
Here Are All 205 “Economically Significant” Rules in the Spring 2015 Unified Agenda of Federal Regulations
The Spring 2015 Unified Agenda of Federal Deregulatory and Regulatory Actions was released by the Obama administration just before Memorial Day weekend. It’s less of a…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
It was a four-day work week because of the Memorial Day holiday, but regulators still had a busy week, with new regulations covering everything from…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The big regulatory news from last week was the publication of the semiannual Unified Agenda, which lists most upcoming regulations from rulemaking agencies at various…
Forbes
A Comprehensive Regulatory Reform Agenda, Barack Obama Veto Pen Notwithstanding
Congress passes a few dozen laws each year, but regulators meanwhile issue several thousand rules and regulations. On top of that, “regulatory dark matter“…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
It was a slow week despite more than 1,300 Federal Register pages, with just 36 proposed regulations and fewer than 50 final regulations, ranging from spearmint oil…
US News
The Real Cost of Regulation
Peter Roff cites Wayne Crews' work on the cost of regulation in U.S. News. These costs are not insignificant. As the Competitive Enterprise Institute…
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