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
OPFAIL: Establishing a Congressional Office of Political Failure Analysis
For decades, reformers have proposed some version of a Congressional Office of Regulatory Analysis (CORA), a congressional counterpart to the regulatory oversight apparatus housed within…
Blog
The week in regulations: Black boxes and weather reports
The 2026 Federal Register topped 30,000 pages. President Trump’s Justice Department is poised to give him a $1.776 billion fund he can use to reward…
Blog
Free the Economy podcast: Fighting Medicaid fraud with Parker Thayer
In this week’s episode we cover higher inflation numbers, a strike on the Long Island Rail Road, and new disability tech…
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News Release
Biden Budget Amounts to Top-Down Central Planning, Lacks Needed Reforms
President Biden today unveiled his latest budget submitted to Congress. CEI experts take a dim view of the agenda of excess spending and regulation…
Blog
This Week in Ridiculous Regulations
CEI published a new paper on right-to-repair legislation and held a hill briefing about regulatory reform and other topics. Meanwhile, agencies issued new…
Forbes
Biden’s 2024 Federal Budget Proposal Extends Helicopter Government
It appears that instead of a federal fiscal budget that sticks to the basics, we are growing accustomed to an ambitious central government that doubles…
Blog
Regulatory Reform Bills in the 118th Congress: The Article I Regulatory Budget Act
The federal government is supposed to put out an annual budget to track its spending. Why doesn’t it do the same thing for regulation? The…
Forbes
Regulation Without Representation: A Quick Revisit Of The “Unconstitutionality Index”
Administrative agencies rather than the elected Congress do the bulk of U.S. lawmaking despite the strictures of Article I of the Constitution —…
Blog
Regulatory Reform Bills in the 118th Congress: The GOOD Act
Regulatory dark matter is a serious problem. Agencies are supposed to run new regulations through a formal process which includes publishing a draft version of…
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