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
Blog
The week in regulations: Black boxes and weather reports
The 2026 Federal Register topped 30,000 pages. President Trump’s Justice Department is poised to give him a $1.776 billion fund he can use to reward…
Blog
Free the Economy podcast: Fighting Medicaid fraud with Parker Thayer
In this week’s episode we cover higher inflation numbers, a strike on the Long Island Rail Road, and new disability tech…
Blog
America 250 election year rightsizing: Time to get things undone
The new 2026 Ten Thousand Commandments survey of federal regulation and reform landed at an awkward moment. Election cycles tend to crowd out serious thinking…
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Forbes
Donald Trump’s Year In Regulation, 2020
Today, Thursday, December 31, is the last federal workday of 2020. This presents the opportunity to review the heft of the Federal Register and its roundup of…
Blog
This Week in Ridiculous Regulations
The 2020 election is finally, mercifully, over. Barring a surprise in the Georgia Senate runoffs, we will continue to have divided government. This arrangement typically…
Forbes
Some Trump Executive Orders On Regulation Need To Be Kept No Matter What
Some see federal regulatory intervention as unaccountable and unrestrained. That was and remains a key focus of the Donald Trump reform agenda. Executive orders addressing…
Blog
This Week in Ridiculous Regulations
The 2024 election season officially began on Wednesday. The 2020 Federal Register topped 70,000 pages right on election day, and is on pace to be…
EP NewsWire
COMPETITIVE ENTERPRISE INSTITUTE: Record GDP Numbers: Good News and Next Steps
EP NewsWire cites CEI senior fellows Iain Murray and Ryan Young on economy and regulations. Ryan Young, CEI Senior Fellow: “Most of the talk…
Blog
The 2020 Election Actually Had Some Free-Market Victories
Neither presidential candidate has much interest in limited government. But over at National Review, I look at some neglected down-ballot victories…
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