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
Here’s how one-in, ten-out is successfully cutting rules — but not draining the swamp
It’s October already, and while there’s no real fiscal year for federal regulation, the September 30 closing of the 2026 budgetary fiscal year marks…
Blog
The week in regulations: Drug prices and inedible almonds
Sen. Eric Schmitt (R-MO) learned the difference between the Atlanta Hawks and the Iowa Hawkeyes. President Trump rolled back some China tariffs and published…
Blog
Free the Economy podcast: Real-world economics with Paul Mueller
In this week’s episode we cover spiraling health care costs, reforming state-level regulations, and how to keep asset managers accountable…
Search Posts
News Release
CEI Supports Regulatory Integrity Act
This week, the U.S. House of Representatives is slated to vote on H.R. 5226, the Regulatory Integrity Act, introduced by Congressman Tim Walberg (R-Mich.). The…
Blog
How a New President Can Roll Back Bureaucracy, Part 1: Freeze Regulations Temporarily
In today’s economy, talk about regulatory liberalization has become a bit more bipartisan.
Blog
This Week in Ridiculous Regulations
Despite a Labor Day-shortened work week, agencies still found time to issue regulations from soap to whales.
Blog
Rewards and Risks of a Federal Regulatory Budget (Part 6)
By shedding light on comparative agency activity, budgeting and simultaneous improved congressional oversight could counter agency overreach.
Blog
This Week in Ridiculous Regulations
The 2016 Federal Register broke the 60,000-page mark last week, and became the 25th-largest edition in the Register’s 81-year history before Labor Day.
Blog
RealClear Radio Hour: American Indian, EpiPen, and Free Speech Fiascos
In this episode of RealClear Radio Hour, we discuss the fiascos of government overreach and overregulation—on American Indian reservations, in the EpiPen saga, and with…
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