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
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…
Blog
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 ranging…
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 beliefs,…
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CPAC
CPAC 2025 and Beyond: A Roadmap to Lasting Regulatory Reform
CPAC has CEI’s expert speak on a panel about regulatory reform On Friday, February 21st, 2025, attendees at the Conservative Political Action Conference (CPAC)…
News Release
Surfing the environmental permitting bureaucracy in Hawaii: CEI report
Hawaii’s environmental permitting system sits at a crucial moment in history, with the destruction of homes and businesses on Maui in the August 2023 wildfires…
Study
Aloha Approvals
Hawaii’s permitting system is at a critical juncture, faced with the dual challenges of rebuilding in the wake of the 2023 Maui wildfires and addressing…
Blog
Let the deconstruction commence
Congress’s actionable hierarchy for administrative state burial & constitutional resurrection Alongside restoring fiscal sanity, Congress must establish a hierarchy of actions to make Donald Trump’s…
Blog
14 priorities in slashing spending and regulation before ‘America 250’—#7 will shock you!
This past week, the House and Senate passed a continuing resolution (CR) that preserves Biden-era spending levels while largely turning a blind eye to…
Blog
This week in ridiculous regulations: NEPA and refrigerators
President Trump delayed some tariffs against Canada and Mexico, but let others take effect. He also enacted a sixth round of tariffs against China and…
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