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.
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Don’t let the next crisis grow the government—again
“Now, I’m going to sign this, and it’s a great honor — $6.2 trillion. I’ve never signed anything with a “T”…

Blog
The week in regulations: Wildfire appraisals and portable spas
President Trump and El Salvador president Nayib Bukele confirmed that they would continue to imprison people without due process. Agencies issued new regulations ranging from…

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The executive order that could kill trillion-dollar bailouts
The federal government doesn’t just spend—it also regulates through spending. That’s one reason crises so often inflate Washington’s role in American life. But as I…
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Comment
Comment to FAST-41 Steering Council on reducing scope of mining industry
John G. CossaGeneral CounselFederal Permitting Improvement Steering Council1800 M St. NW, Suite 6006Washington, DC 20036 Submitted via Regulations.gov November 22, 2023 RE: Permitting Council Docket…
Blog
White House report reveals tens of billions in new annual regulatory costs
A consolidated Draft Report to Congress on the Benefits and Costs of Federal Regulations hit the shelves at the end of October, catching…
News Release
CEI supports Rep. Foxx’s amendment to halt OMB’s A-4 rewrite
The House of Representatives will soon consider an amendment from Rep. Virginia Foxx (R-NC) to the 2024 Financial Services and General Government spending bill…
Testimony
Regulatory streamlining in Pennsylvania would boost opportunities for state residents
Introduction Good morning, members of the Senate Majority Policy Committee. My name is James Broughel and I am a senior fellow at the Competitive Enterprise…
The Gazette
Grassley’s USDA spending reforms would protect farmers and taxpayers
The U.S. Department of Agriculture (USDA) is spending billions of dollars each year for programs that Congress never specifically authorized. Fortunately, Sens. Chuck Grassley, (R-IA.)…
Blog
This week in ridiculous regulations: Junk fees and pool pumps
Hamas attacked Israel, and another tragedy is unfolding in the Middle East. Claudia Goldin won the economics Nobel for her work on women in…
Staff & Scholars

Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation

Ryan Young
Senior Economist
- 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