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: Grandfathered driver vision and socializing dogs
The Supreme Court declared President Trump’s IEEPA tariffs unconstitutional. The White House responded by enacting a 15 percent global tariff under a different statute. The…
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Free the Economy podcast: What’s wrong with Congress with Kevin Kosar
In this week’s episode we talk about we talk about Consumer-Regulated Electricity, the amazing falling US poverty rate, and how smart…
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Trump’s deregulation meets invisible rulemaking: The real 2026 challenge
After a brief shutdown, most fiscal year 2026 appropriations have been enacted, despite continued debate over Department of Homeland Security (DHS) funding. We may soon…
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Regulation of the Day Update: Olive Oil Victory
I recently posted that new EU regulations would require restaurants to use factory packaged and sealed bottles of olive oil. This would put small…
Blog
Anti-Business and Anti-Freedom: The United Nations Convention on the Rights of Persons with Disabilities
In the American Spectator, CEI Vice President for Strategy Iain Murray and Geoffrey McLatchey explain why the Senate should be skeptical of the United Nations Convention…
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Does Austerity Really “Kill”?
Does austerity kill? In a recent New York Times op-ed, David Stuckler and Sanjay Basu claim that fiscal austerity leads to a worsening of health…
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CEI Podcast for May 22, 2013: Twenty Years of Ten Thousand Commandments
The twentieth anniversary edition of Ten Thousand Commandments was released this week. Author Wayne Crews discusses the study, and how regulation has evolved over the…
Blog
Possible Unintended Consequences in New Obamacare Regulation
The PCIP program gives health care providers an incentive to refuse treatment to people who desperately need it.
One News Now
CEI report: Uncle Sam loves his regulations
Americans spent an estimated $1.8 trillion in 2012 to comply with federal regulations, reports the Competitive Enterprise Institute. The public policy organization has just released…
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