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: Able Americans with Rachel Barkley
In this week’s episode we cover Trump’s executive orders, the demographics of the 119th Congress, our nation’s narrowing fiscal space, reforms…
Blog
DOGE at a crossroads – An opportunity for real regulatory reform
The Department of Government Efficiency (DOGE) began with a promise to revolutionize Washington, bringing a chainsaw to government with sweeping regulatory and budget cuts. However,…
Blog
Cracks in the regulatory freezeout
On the first afternoon of his second term, President Donald Trump signed 46 executive orders. They included welcome tools for restraining the administrative state. Among…
Search Posts
Blog
Free the Economy podcast: Able Americans with Rachel Barkley
In this week’s episode we cover Trump’s executive orders, the demographics of the 119th Congress, our nation’s narrowing fiscal space, reforms…
Blog
DOGE at a crossroads – An opportunity for real regulatory reform
The Department of Government Efficiency (DOGE) began with a promise to revolutionize Washington, bringing a chainsaw to government with sweeping regulatory and budget cuts. However,…
Blog
Cracks in the regulatory freezeout
On the first afternoon of his second term, President Donald Trump signed 46 executive orders. They included welcome tools for restraining the administrative state. Among…
Blog
Trump’s new Schedule F executive order is smarter, but could still backfire
President Trump’s re-instatement of his “Schedule F” executive order, making it easier to fire career federal employees,…
Blog
Trump executive orders target Biden’s regulatory big bang
Joe Biden wrapped up his term with a parting regulatory surge, epitomized by today’s 872-page Federal Register—marking the apex of his aggressive midnight-rule push.
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This week in ridiculous regulations: Animal herders and delaying REAL ID
President Biden’s final Federal Register week was a busy one. Its 4,199 pages would make for a 209,950-page year if it sustained that pace. CEI…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
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Ryan Young
Senior Economist
- Antitrust
- Business and Government
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
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- Energy and Environment