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: Housing abundance and affordability with Luca Gattoni-Celli
In this week’s episode we cover J.D. Vance and the strength of the US dollar, how to track extreme weather events,…
Study
The Protection Paradox
The everyday American expects certain basic services from her government. She expects her roads to be maintained, her mail to be delivered, and her…
Blog
The Regulatory Plan needs a regulatory plan
As the Trump administration’s early emphasis on the Elon Musk-led Department of Government Efficiency, or DOGE, has tapered off, so too has its emphasis…
Search Posts
Forbes
How Many Federal Agencies Exist? We Can’t Drain The Swamp Until We Know
As the federal bureaucracy has expanded, has America become “One Nation, Ungovernable”? No one can even say with certainty anymore how many federal agencies exist;…
Blog
Don’t Follow the Money
The July/August issue of Foreign Affairs has an excellent article by Professor Peter Neumann of King’s College London entitled: “Don’t Follow the Money: The Problem with…
The Conservative
Trade’s Real Enemy Is Regulation
Free trade has brought countless benefits over the past two centuries. It allows for specialisation among nations that has brought down the cost of living…
Blog
This Week in Ridiculous Regulations
A recent EPA rule for dental effluence caused some controversy for violating President Trump’s one-in, two-out policy for new rules.
News Release
CEI Supports Senate Consideration of Neomi Rao as OIRA Administrator
Today, the U.S. Senate voted to advance the nomination of Neomi Rao as the Trump administration’s pick to serve as the Administrator of the Office…
Forbes
Trump’s New Executive Branch Reorganization Should Discipline Agency Guidance Documents
President Donald Trump is undertaking a “Comprehensive Plan for Reorganizing the Executive Branch.” (E.O. 13781) For the new executive branch reorganization to bear…
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
