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
Free the Economy podcast: Highway robbery with David Ditch
In this week’s episode we cover how to make the moral case for capitalism, affordable housing via regulatory reform, and tracking…
Blog
Deregulation by the numbers: One-third into 2026 — a rulebook rewrite?
At the close of the first third of the year, a spring 2026 Unified Agenda formally outlining agency priorities has yet to appear. In fact,…
Blog
The week in regulations: Marine terminal fires and marijuana rescheduling
The Federal Reserve held interest rates steady, and outgoing Chairman Jerome Powell will remain on the Fed’s Board of Governors when Kevin Warsh takes over.
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National Review
The Skyrocketing Cost of Staying Cool This Summer — and Future Ones
Add air conditioning to the long list of items experiencing inflation under the Biden administration. Whether it is fixing your home’s existing system or buying a…
Blog
CDC Restructuring Shows that Institutions Matter
One of my policy mantras is that institutions matter. That’s why the Centers for Disease Control and Prevention’s (CDC) restructuring announcement is big…
Inside Sources
Counterpoint: Manchin Disappoints With Inflation Reduction Act
Throughout Joe Biden’s presidency, Sen. Joe Manchin, D-W.Va., has acted as a check on his party’s worst excesses. Manchin has stopped billions, possibly trillions, of…
Forbes
Biden Administration Releases Updated Regulatory Agenda
Apart from a one-time Obama-era glitch, federal agencies have highlighted selected regulatory priorities in Spring and Fall editions of the …
News Release
CEI Report Proposes Legislation to Stop Future Congresses from Exploiting National Crises to Grow Government
WASHINGTON—The United States has been rocked by three major economic crises so far in the 21st century—the 9/11 terror attacks, the 2008 financial crash, and…
Study
The Case for Letting Crises Go to Waste
Executive Summary An Abuse-of-Crisis Prevention Act to reaffirm boundaries of politicians and the legislation they can pass has become necessary to the survival of limited…
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