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: 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…
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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,…
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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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Balanced Budgets and Regulatory Budgets
The Joint House-Senate Conference Meeting on the federal budget has begun. Chairman Tom Price of Georgia remarked: Completing a budget is one of…
Study
No Spoof
Several states had serious doubts about the validity of tax credits for individuals purchasing insurance on Obamacare's federally facilitated exchange as early as 2011. Questions still remain,…
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CEI’s Battered Business Bureau: The Week in Regulation
It was a fairly typical week, with nearly 70 final regulations and more than 50 proposed regulations hitting the books, covering everything from potato handling…
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CEI’s Battered Business Bureau: The Week in Regulation
Along with last wwek’s usual slew of final regulations covering everything from power plants to televisions, an additional 55 proposed regulations also hit the books.
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CEI’s Battered Business Bureau: The Week in Regulation
New rules published in the last week include everything from the IRS and Executive Office of the President declaring themselves exempt from select transparency laws,…
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The Republican Budget and Middle Class Economics
Yesterday the House Republicans released their “Balanced Budget for a Stronger America” and the Senate Republicans will release their budget proposal today. House Republicans…
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