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.
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The week in regulations: Fluid milk options and battleship safety zones
The Court of International Trade struck down President Trump’s Section 122 tariffs. The labor force shrank by 92,000 people over the last year. Agencies issued…
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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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Cataloging Washington’s Hidden Costs, Part 5: When Regulation Tramples Health and Safety
Act surprised...Show concern...Deny...Deny...Deny. —Anonymous What if anybody in power ever actually paid attention to the body count of federal regulation? We just finished another year…
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Two Cheers for Tapered Quantitative Easing
Over at the Washington Times, I encourage the Fed to taper back the rest of the QE program, and point out that the Fed may…
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2013 Ends with an 80,330-Page Federal Register and 3,659 Final Rules and Regulations
The Federal Register wrapped up 2013 with a third-highest count ever, of 80,330 pages. (The published version contains 80,462 pages but I net out blank…
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No, Legislative Fixes to Obamacare Weren’t Blocked by the GOP
As Obamacare's implementation went badly enough that it was mocked by comedians on late-night TV, a search for excuses began. The result was the now…
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CEI’s Battered Business Bureau: The Week in Regulation
74 new regulations, from non-toxic ammunition to shrimp electronic logbooks.
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We all need a fresh start in 2014
Another change? We need to stop the avalanche of regulations that are slowing our recovery. The Competitive Enterprise Institute (CEI) reports that government agencies issued…
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