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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Red Tapeworm 2014: Completed Economically Significant Rules at Record Levels
This is Part 21 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal…
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Red Tapeworm 2014: Big Dollar Federal Regulations in the Pipeline Highest under Obama
This is Part 21 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal…
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CEI’s Battered Business Bureau: The Week in Regulation
Ninety-eight new regulations, from Moroccan blueberries to home furnaces.
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New Study Estimates around $70 billion in Financial Regulatory Costs
Complying with regulations is part of the cost of doing business. For bigger businesses that can absorb those costs (or rather, pass them on to…
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Red Tapeworm 2014: Here Are the Federal Agencies that Issue the Most Regulations
This is Part 20 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State (2014…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Seventy-four new regulations, from spearmint oil to insurance exchanges.
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