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
Abolish, shuffle, repeat: The SOTU’s ill omen for federal retrenchment
Shrinking the federal government and abolishing agencies sounds simple — decisive, even. In practice, however, it appears neither can be done under modern administrative-…
Blog
Trump’s SOTU conundrum: Deregulation today, swamp tomorrow?
Donald Trump’s 2026 State of the Union (SOTU) address presents an opportunity to confront the federal spending, entitlement, and regulatory behemoth in a new way…
Blog
The week in regulations: Grandfathered driver vision and socializing dogs
The Supreme Court declared President Trump’s IEEPA tariffs unconstitutional. The White House responded by enacting a 15 percent global tariff under a different statute. The…
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Study
Time to End the Madness around March Madness
View Full Document as PDF This March, millions of Americans will join friends, relatives, and coworkers in the annual rite of betting…
News Release
CEI Comments on President Trump’s Joint-Session Address to Congress
On February 28, 2017, President Donald J. Trump addressed a joint session of Congress. His speech reviewed the new administration’s recent initiatives and announced ways in which the White…
Washington Post
Last night, conservatives gave up on conservatism
The Washington Post discusses President Trump’s policy proposals from his address to a joint session of Congress with CEI President Kent Lassman. The…
Blog
Trump Must Collaborate and Persuade to Advance Regulatory Reform
For the President to advance his agenda for reforming the overreaching regulatory state, he will need a partnership with Congress.
Blog
This Week in Ridiculous Regulations
43 new regulations last week, from toddler beds to potato proteins.
News Release
CEI Supports Regulatory Integrity Act and the SCRUB Act
This week, the U.S. House of Representatives is slated to vote on H.R. 1004, the Regulatory Integrity Act, introduced by Congressman Tim Walberg (R-MI), 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