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
Blog
Austerity Is Worth The Cost
In a January National Review article, I explained how Baltic countries such as Estonia that had undertaken short-lived but severe cuts to government spending…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
74 new regulations, from the Citrus Administrative Committee to pecan insurance.
Blog
Alcohol Regulation Roundup: March 1, 2013
National: The Department of Justice (DOJ) filed a lawsuit to block Anheuser-Busch Inbev from taking full control over Negro Modelo. A few weeks later…
Blog
E-Verify: Opening The Door For More Regulations
President Obama and the Gang of Eight senators want E-Verify -- the electronic employment verification system -- included in any comprehensive immigration reform proposal this…
Blog
Progressives Should Be Wary Of A Minimum Wage Increase
Over at the American Spectator, I argue that progressives should look elsewhere for ways to help the poor:…
The American Spectator
At Minimum, a Big Loser
President Obama brought the minimum wage debate back into the news in a big way in his State of the Union address, when he proposed…
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