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: 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…
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,…
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Blog
Appreciate Checks and Balances on Constitution Day
This Constitution Day marks 229 years since the Framers signed the U.S. Constitution following more than four months of debate, votes, and revisions in Philadelphia.
Forbes
Why Future Federal Communications Commission Oversight Hearings Should Explore Sunsetting the Agency
There’s another Federal Communications Commission (FCC) oversight hearing underway in the Senate Commerce Committee, with most of the time being spent on doings with…
Blog
How a New President Can Roll Back Bureaucracy, Part 2: Boost Resources and Free Market Staff
If we must take the central, top-down administrative state as a given—and it seems that for the time being the Constitution is not coming to…
News Release
CEI Supports Regulatory Integrity Act
This week, the U.S. House of Representatives is slated to vote on H.R. 5226, the Regulatory Integrity Act, introduced by Congressman Tim Walberg (R-Mich.). The…
Blog
How a New President Can Roll Back Bureaucracy, Part 1: Freeze Regulations Temporarily
In today’s economy, talk about regulatory liberalization has become a bit more bipartisan.
Blog
This Week in Ridiculous Regulations
Despite a Labor Day-shortened work week, agencies still found time to issue regulations from soap to whales.
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