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
Third-party reviewers expand permitting capacity without expanding government
Housing permitting reform has become one of the few housing policies to attract support across the political spectrum. States as politically diverse as…
Blog
The week in regulations: Fresh produce guidance and naval weapon storage
Inflation remained above target for a 64th consecutive month. President Trump signed an executive order to revise vaccine recommendations. Agencies issued new regulations ranging…
Blog
The week in regulations: Professional fireworks and farmer training
The 2026 Federal Register topped 50,000 pages and is on track to exceed 85,000 pages for the year. The economy lost 23,000 jobs, yet…
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The week in regulations: Beet food coloring and crab housekeeping
Culture warriors got upset over the Super Bowl halftime show. A mini-shutdown over ICE funding delayed some labor market indicators. Agencies issued new regulations…
Blog
Free the Economy podcast: Social mobility in the 50 states with Justin Callais
In this week’s episode we talk about satellite shot clocks at the Federal Communications Commission, Federal Reserve nominee Kevin Warsh’s digital-dollar…
Blog
Halfway through the 119th Congress, CEI’s Agenda is turning into action
As the 119th Congress reaches its halfway mark, it is a good time to look back on what lawmakers have done in the past…
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The week in regulations: Reimagining education and underground mines
Kevin Warsh is President Trump’s nominee for the next Federal Reserve chairman. The Fed held interest rates steady at its most recent…
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Free the Economy podcast: The meaning of GDP with Brian Albrecht
In this week’s episode we talk about the last 50 years of regulatory reform, a new study on climate adaptation, and…
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The week in regulations: Homework gaps and cannabimimetic agents
At Davos, President Trump withdrew his threats to invade Greenland and tariff European countries. The Supreme Court appeared skeptical about his attempt to fire…
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Free the Economy podcast: Permitting for speed with Grant Dever
In this week’s episode we talk about making a living in podcasting, confronting our mounting national debt, and assessing President Trump’s…
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The executive order explosion: When counting counts
What stands out in the Trump administration is the unnerving tension between executive orders (EOs) that shrink government and those that expand it.
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The week in regulations: Neck floats and glazed bus portals
President Trump opened a criminal investigation into Federal Reserve Chair Jerome Powell. He also proposed capping credit card interest rates at 10 percent, effective…
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Free the Economy podcast: Total boomer luxury communism with Russ Greene
In this week’s episode we talk about Trump’s 10 percent credit card interest proposal (and the dangers of populist economics in…
Blog
The 2026 Unconstitutionality Index: 18 rules for every law
Article I of the Constitution vests enumerated legislative powers solely with Congress. In practice, however, administrative agencies do most of the lawmaking. Congress enacts…
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The week in regulations: Taconite and label shapes
President Trump deposed Venezuelan dictator Nicolas Maduro and embarked on a nation-building project. ICE agents killed an American citizen in Minnesota. Agencies issued new…
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Free the Economy podcast: FDR’s political legacy with David Beito
In this week’s episode we talk about communist housing policy in New York City, the best economics and history books to…
News Release
Report urges yearly sunset for all government regulations following Idaho success
A new Competitive Enterprise Institute report urges an annual sunset date for all government regulations, offering a case study on this reform already implemented…
Blog
New CEI study: Zero-based regulations
A new CEI study by Alex Adams looks at a regulatory reform approach that succeeded in Idaho: zero-based regulation. The idea is similar…
Study
The Beauty of Regulatory Sunsets
Introduction In 2019, Idaho pioneered zero-based regulation (ZBR), an orderly approach to statewide regulatory reform. Like zero-based budgeting, ZBR starts with the presumption that…
Letters
CEI Joins ATR in Free-Market Coalition Urging Approval of Warner Bros. Discovery Acquisition
Dear Members of Congress, The proposed acquisition of Warner Bros. Discovery, Inc. by an existing studio would provide great benefits to consumers. Regulators…
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Free the Economy podcast: China’s economy and the US with Derek Scissors
In this week’s episode we talk about corporate real estate investing, woke pension funds, changing fuel economy rules, and questions…
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The week in regulations: 2025 year-end special
Happy New Year, everyone. The final numbers for 2025’s regulations are in. The first half of this post summarizes those numbers and compares them…
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Trump slashed rulemaking in 2025. The hard part starts in 2026
The new year, 2026, marks nearly the first full year of Donald Trump’s second administration. It’s a moment to assess whether regulatory liberalization has…
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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…
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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…
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…
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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…
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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…
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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…
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.”…
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…
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…
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:…
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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…
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…
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.
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…
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…
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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…
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,…
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…
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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…
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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…
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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…
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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,…
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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…
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…
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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…
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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 &…
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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…
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…
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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…
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