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
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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…
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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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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.
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CEI Podcast for May 30, 2013: The Politics of Caffeine
The Food and Drug Administration recently announced plans to investigate, and possibly regulate, caffeine consumption. Fellow in Consumer Policy Studies Michelle Minton prefers separation of…
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Regulatory Opacity
In today’s Investor’s Business Daily, Wayne Crews and I make the case that one of the biggest obstacles to regulatory reform is a lack of…
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TTB to Allow, Not Require, Nutritional Labeling on Alcoholic Products
It’s a rare occasion that we get to praise government agencies. While the federal agency governing alcoholic beverages certainly took it’s time to make a…
Investor's Business Daily
America’s Soaring Regulations Cost $1.8 Trillion A Year
Politicians from both parties routinely tout the need to roll back unnecessary regulations. But how much overregulation is there exactly? Most politicians have no idea,…
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More than Taxing and Spending
The cost of government is far more than it taxes and spends. The Pittsburgh Tribune-Review’s editorial board agrees, as they opined yesterday:…
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CEI’s Battered Business Bureau: The Week in Regulation
68 new regulations, from Potato Administrative Committees to Segelflugzeugbau sailplanes.
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