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: Neck floats and stablecoins
Unemployment went slightly up, and inflation went slightly down. President Trump gave a primetime speech, and earlier in the week commented on Rob Reiner and…
Blog
Free the Economy podcast: Consumer finance and privacy with James Erwin
In this week’s episode we talk about the decline of electric vehicles, liberation for home appliances, the failure of tariffs to…
Blog
Time to end the Christmas tree tax
Fun holiday fact: the federal government has a Christmas Tree Promotion Board. It works a bit like a trade association does in the private…
Search Posts
Blog
The week in regulations: Neck floats and stablecoins
Unemployment went slightly up, and inflation went slightly down. President Trump gave a primetime speech, and earlier in the week commented on Rob Reiner and…
Blog
Free the Economy podcast: Consumer finance and privacy with James Erwin
In this week’s episode we talk about the decline of electric vehicles, liberation for home appliances, the failure of tariffs to…
Blog
Time to end the Christmas tree tax
Fun holiday fact: the federal government has a Christmas Tree Promotion Board. It works a bit like a trade association does in the private…
Blog
The week in regulations: Fuel casks and water beads
The Federal Reserve cut interest rates. President Trump proposed $12 billion in giveaways to farmers harmed by his tariffs. Agencies issued new regulations ranging from…
Blog
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…
Blog
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…
Letters
CEI In Support of the SCORE Act and Opposition to the SAFE Act
Dear Speaker Johnson, We write today in support of H.R. 4312, the “Student Compensation and Opportunity through Rights and Endorsements (SCORE) Act.” The SCORE Act…
Blog
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…
News Release
CEI supports SCORE Act protecting college athletes’ right to profit
The Competitive Enterprise Institute endorses the Student Compensation and Opportunity through Rights and Endorsements (SCORE) Act sponsored by Rep. Gus Bilirakis (R-Fla.), which would ensure…
Blog
The week in regulations: From postal possession to foreign atomic energy
It was a four-day week due to Thanksgiving. Agencies issued new regulations ranging from postage pricing to non-endangered woodpeckers. On to the data: Agencies issued…
Blog
DOGE cancellation theatrics change nothing in the regulatory power game
“Trump administration officials have not openly said that DOGE no longer exists.” That admission came 10 paragraphs into a widely reported “exclusive” Reuters story claiming…
Blog
Free the Economy podcast: Sesquicentennial celebration
In this week’s episode we celebrate the show’s sesquicentennial anniversary – that is, our 150th episode. We look back at the dozens of smart,…
Blog
Shutdown lesson: Depend less on DC
The record-length shutdown showed how dependent many Americans are on Washington. This is one of the biggest flaws in the ongoing nationalization of politics. In…
Blog
The week in regulations, the final shutdown edition: Manifest mailing and broken trash incinerators
The federal shutdown is over. Since the Federal Register has a few days’ lag time for publishing agency documents, it will likely take until this…
Blog
An executive order to make freedom mandatory
The White House Office of Management and Budget’s (OMB) new “Streamlining the Review of Regulatory Actions” memorandum signals a potentially transformative shift in Washington’s…
Blog
Free the Economy podcast: Charting tariff madness with Joey Politano
In this week’s episode we talk about changes in consumer credit, disappearing fast-food jobs in California, and six things the climate movement…
Forbes
Regulation Renovation: The Executive Order To Make Deregulation Permanent
The White House Office of Management and Budget’s new Streamlining the Review of Regulatory Actions memorandum signals a preferential stance toward deregulation, urging…
Blog
The week in regulations, shutdown edition: Medicare payments and arms trafficking.
The Supreme Court held oral hearings for the V.O.S. Spirits tariff case. Former Vice President Dick Cheney passed away. Democrats had a very good election…
Blog
The deregulation machine hits bureaucratic resistance
A new White House Office of Management and Budget (OMB) memo, “Streamlining the Review of Deregulatory Actions,” poses an ambitious test: can agencies use…
Blog
Free the Economy podcast: Truth, lies, and economics with Jeremy Horpedahl
In this week’s episode we talk about Social Security’s cost of living, conserving rare earth minerals, and why California keeps losing…
Blog
The week in regulations, shutdown edition: Student loans and foreigners’ biometric data
President Trump announced a trade deal with China. The Federal Reserve cut interest rates. The continued federal shutdown meant another slow week in the Federal…
Blog
Darklore Depository 2025: An unofficial inventory of guidance documents and other regulatory dark matter
Halloween can remind policy wonks that some of the ghastliest regulatory chills come not from ordinary notice-and-comment regulation buried in the daily Federal Register, but…
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
Shutdown? Take the win
Last-ditch negotiations are underway as another fiscal year comes to a close on October 1. It’s that familiar crossroads: a threatened shutdown if a funding…
Blog
The week in regulations: Airplane seats and Irish potatoes
President Trump signed an executive order to effectively end the H-1B visa category for high-skilled immigrants. He also raised tariffs on pharmaceuticals, argued without evidence…
Blog
Free the Economy podcast: Emergent abundance with Alex Trembath
In this week’s episode we cover the future of financial regulation, the end of the left vs. right distinction in politics, and…
Blog
Is regulation killing American innovation?
The federal government micromanages American businesses and citizens through excessive and costly regulations. These rules stifle innovation, limit competitiveness, and hinder job creation, while also…
Blog
A provisional look at the Trump 2.0 deregulation record
Early in his first term, Donald Trump ordered agencies to eliminate at least two rules for every “significant” one added – rules generally carrying $100…
Blog
The week in regulations: Sausage colors and patriotic education
The Federal Reserve cut interest rates. Attorney General Pam Bondi threatened to prosecute hate speech. ABC pulled late night host Jimmy Kimmel off the air…
Blog
GOOD Act markup: The first step in illuminating regulatory dark matter
The Senate Homeland Security and Governmental Affairs Committee (HSGAC) is soon expected to mark up the Guidance Out of Darkness (GOOD) Act, an important bipartisan…
Blog
The week in regulations: Date taxes and manifest mailing
Political commentator Charlie Kirk was killed while speaking at an event. While the Producer Price Index went down in August, the Consumer Price Index climbed…
Blog
Trump’s Unified Agenda of deconstruction: Writing rules to erase rules
“It is the policy of my Administration to focus the executive branch’s limited enforcement resources on regulations squarely authorized by…
Blog
The week in regulations: Coachella air quality and yogurt vitamins
The Federal Register, which tracks daily regulatory activity, has become less transparent. Jobs numbers for August were disappointing and actually shrank in June for…
Blog
Free the Economy podcast: Clear-but-false ideas with Kevin Williamson
In this week’s episode we cover the Trump tariffs being struck down, Biden’s competition order being vacated, and new research on…
Blog
There’s something wrong with the Federal Register
The Trump-era Federal Register website has been glitching recently. Nearly two weeks ago, I noted on X/Twitter (tagging both @USNatArchives and @FedRegister) that the…
Blog
The week in regulations: Deepwater ports and ASCII relays
A court ruled President Trump’s Liberation Day tariffs unconstitutional. The case now moves to the Supreme Court. Countries around the world stopped shipping parcels to…
Blog
The week in regulations: Bird hunting and food coloring
The Federal Register’s website became less transparent about rule counts and other data. President Trump threatened to send the military into a third city. The…
Blog
Free the Economy podcast: Subsidies for billionaires with David McGarry
In this week’s episode we cover White House intervention in corporate ownership, the nation’s falling economic freedom ranking, and welcome new…
News Release
Federal appeals court rules on NLRB unconstitutionality
The 5th Circuit Court of Appeals today issued a ruling suggesting the structure of the federal government’s top labor dispute regulator, the National Labor Relations…
Blog
The week in regulations: Import paperwork and postal possession
The 2025 Federal Register topped 40,000 pages. President Trump met with Vladimir Putin in Alaska. The Producer Price index rose at its fastest level since…
News Release
Trump’s pick for Bureau of Labor Statistics should update data collection methods, not play politics
CEI labor and economy experts say President Trump’s nominee to head the Labor Department’s Bureau of Labor Statistics should improve data collection for jobs and…
Blog
Half of 2025’s public laws are Biden rule killers
In a notable twist, Congress has spent half of 2025’s lawmaking undoing Biden regulations. So far in the 119th Congress, 31 public laws have been…
Blog
The week in regulations: Blue food coloring and pipeline recordkeeping
The Liberation Day tariffs took effect on August 7. The president continues to announce new tariffs on pharmaceuticals, semiconductors, and more. Republicans are proposing gerrymandering…
Blog
Free the Economy podcast: Girlbossing the discourse with Emma Camp
In this week’s episode we cover the controversy at the Bureau of Labor Statistics, myths of the auto industry, and a…
Blog
The CAT’s nine lives could be up
The 11th Circuit Court of Appeals recently vacated a funding proposal for the Securities and Exchange Commission’s (SEC) largest regulatory program to date. Known…
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