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: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
Blog
The week in regulations: Drone settlements and gambling losses
The 2026 Federal Register topped 20,000 pages. President Trump got into a feud with the Pope. Agencies issued new regulations ranging from mail standards to…
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Free the Economy podcast: How to Get What You Want with Josh Bandoch
In this week’s episode we cover AI development in China, how large investors recycle homes, and why permitting reform needs to…
Search Posts
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CEI’s 2015 Unconstitutionality Index: 27 Regulations for Every Law
There’s this idea floating around about America’s do-nothing Congress, that laws aren’t being passed. The Los Angeles Times called Congress “ineffective,” in 2013 since it passed…
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2014 Ends with a 78,978-Page Federal Register; 3,541 Rules and Regulations
At year-end 2014, the Federal Register stands at 78,978 pages, the fifth-highest count ever. (The published version contains 79,066 pages, but I net out blank and skipped…
Washington Examiner
Report: 21,000 regulations so far under Obama, 2,375 set for 2015
Wayne Crews is cited in the Washington Examiner: The pace of agencies issuing new rules and regulations has hit a record high…
Forbes
Obama’s Veto Warning To The GOP Disregards His Record-Setting Regulation
In a widely cited year-end interview with National Public Radio, President Obama warned Republicans that: Now I suspect there are going…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The federal government took Thursday and Friday off to celebrate the holidays. Despite the rare three-day work week, agencies still published 25 proposed regulations, more…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
69 new regulations, from washing machines to plants for planting.
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