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
Free the Economy podcast: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
Blog
The week in regulations: Drone settlements and gambling losses
The 2026 Federal Register topped 20,000 pages. President Trump got into a feud with the Pope. Agencies issued new regulations ranging from mail standards to…
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Free the Economy podcast: How to Get What You Want with Josh Bandoch
In this week’s episode we cover AI development in China, how large investors recycle homes, and why permitting reform needs to…
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Op-Eds
Trump White House Quietly Releases Overdue Regulatory Cost-Benefit Reports
The long-standing presumption that national top-down regulation of the economy from Washington brings substantial net benefits dominates public policy. But how much timely review of federal…
USA Today
Has Trump Fulfilled His Pledge to Turbocharge Job Growth, Revive Manufacturing? Many Say No
USA Today cites CEI on regulatory reform and the Trump administration: The Trump administration has scrapped dozens of environmental, labor, financial and other…
The Washington Examiner
Unconstitutionality Index: Swamp Imposed 20 Regulations for Every Law over Decade
The Washington Examiner cites Vice President for Policy Clyde Wayne Crews on the “Unconstitutionality Index.” In detailing his “Unconstitutionality Index,” Clyde…
Forbes
Trump’ Year In Regulation, 2019
Today, Tuesday, December 31, 2019, is the last federal workday of the year. This presents an opportunity to review the heft of the Federal Register and its…
Forbes
The 2020 Unconstitutionality Index: 28 Federal Rules And Regulations For Every Law Congress Passes
Even in a presidential administration bent on cutting regulation (see my 2019 overview), the number of rules from hundreds of federal agencies …
Blog
How Much Federal Regulation Was There in 2019?
Happy New Year, everyone. Now that 2019 is in the books, we have some data on how much new regulation hit the books. Note that…
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