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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Halfway through the 119th Congress, CEI’s Agenda is turning into action
As the 119th Congress reaches its halfway mark, it is a good time to look back on what lawmakers have done in the past year.
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The week in regulations: Reimagining education and underground mines
Kevin Warsh is President Trump’s nominee for the next Federal Reserve chairman. The Fed held interest rates steady at its most recent FOMC…
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Free the Economy podcast: The meaning of GDP with Brian Albrecht
In this week’s episode we talk about the last 50 years of regulatory reform, a new study on climate adaptation, and reforms…
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A game-changing Trump executive order could nuke regulatory dark matter
In the wake of Donald Trump’s flurry of executive actions—including implementing a regulatory freeze, eradicating Biden’s diversity, equity, and inclusion (DEI) policies and staffing, and…
Blog
Regulators need to cool off and slow down their rulemakings
Rep. Harriet Hageman (R-WY) has reintroduced an important bill that would make the administrative rulemaking process fairer for the public. Known as the “Regulatory…
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This week in ridiculous regulations: Paper packaging and de minimis imports
Presidents Biden issued a slew of executive actions on his way out of office. President Trump issued a slew of executive actions on his way into office.
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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,…
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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…
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