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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The week in regulations: Cable television rates and estate sales
President Trump announced an easing of vehicle fuel economy standards. Netflix struck a deal to buy Warner Bros. and HBO. The Defense Secretary is in…
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Free the Economy podcast: Balancing the budget with Kurt Couchman
In this week’s episode we talk about our 150th episode anniversary party, the documentary Dear Mr. President: The Letters of Julia…
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Stop the snapback: Congress can make small-business deregulation stick
This week, CEI sent a letter to Congress urging the House to pass Rep. Beth Van Duyne’s (R-TX) H.R. 2965, the Small Business…
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The week in regulations, shutdown edition: Visa fees and regional haze
President Trump demanded that the Justice Department pay him $230 million. He also cut off all trade negotiations with Canada because of a tv commercial…
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Has Washington bought off the deregulatory movement?
Back during the Biden administration, I noted how rising federal spending and regulation seemed to swap unfunded mandates for funded ones – turning what should…
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The week in regulations, shutdown edition: Mackerel and helicopters
The continuing shutdown made for another slow week in the Federal Register. The four-day week’s total of five proposed regulations, six proposed regulations, and 131…
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Free the Economy podcast: Energy diversity and abundance with Stephen Perkins
In this week’s episode we talk about the 2025 Nobel Prize in Economics, eliminating the Consumer Financial Protection Bureau, why we…
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The hidden growth of government in an age of less red tape
Recent editions of Ten Thousand Commandments detail how regulatory red tape mushroomed under Biden. For vulnerable small business, the Small Business & Entrepreneurship Council…
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The week in regulations, shutdown edition: Pot gear and hot air fuel
Venezuelan democracy activist Maria Corina Machado won the Nobel Peace Prize. The partial federal shutdown meant there were no proposed regulations and five new regulations…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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