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
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…
Blog
Free the Economy podcast: What’s wrong with Congress with Kevin Kosar
In this week’s episode we talk about we talk about Consumer-Regulated Electricity, the amazing falling US poverty rate, and how smart…
Search Posts
Blog
Free to Prosper: Top Priorities for the 114th Congress
With the start of the 114th Congress comes a fresh opportunity to address the challenges created by a broken government. To kick off this new congressional…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Happy New Year to all of our regulatory followers! Wayne Crews previously summed up 2014’s year-end statistics in this post. Among the highlights are 3,541…
The Blaze
Obama’s Abuse of the Veto Makes Him an ‘Imperial President’
Just a few days into the new Congress, and President Barack Obama already has made three—count ‘em—credible veto threats. Representatives and Senators had barely started…
Forbes
CES And A Case For Separation Of Technology And State
As the 2015 Consumer Electronics Show (CES) winds down, there’s a lot of stuff you probably hope doesn’t stay in Vegas. Creative contributions to the…
Human Events
Welcome to 2015 and the Year of the Regulators
The tinsel had hardly fallen from the trees and the family reunion squabbles barely subsided—and the Washington Redskins’ disastrous season just ended—before two Washington Post…
Washington Examiner
Unconstitutionality Index: Feds Issued 27 Regs for Every New Law, 3,541 in 2014
Wayne Crews discusses the year in regulation with Washington Examiner's Paul Bedard: In a brand new calculation done by the Competitive Enterprise…
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