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
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…
Blog
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,…
Blog
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.
Search Posts
Study
Send Me No Files: Senate INDUCEs a Threat to the Future of Information Technology
Please copy and share this article, download some music files, and photocopy your favorite chapters from Bill Clinton’s new book. It’s fun: Just do it!…
Op-Eds
Reformers are too Willing to Turn a Blind Eye to Liberal Fixes for our Economic Problems
Sirs, Your edition of July 6 features two distinct columns that demonstrate a persistent neglect of economic liberalisation as a way of resolving societal…
Study
Spitzer Strains out Grasso While Swallowing Camels
Full Document Available in PDF Recently, New York Attorney General Eliot Spitzer…
Products
A More Creative and Productive World
Full Document Available in PDF I’m grateful to all of you for…
Products
Ronald Reagan, Freedom’s Champion
Full Document Available in PDF Former President Ronald Reagan’s passing has prompted innumerable words about…
Products
June Edition of CEI’s Monthly Planet
Full Document Available in PDF “A More Creative and Productive…
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