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…
Search Posts
Forbes
What Comes After Trillion? Coming To Terms With The Impenetrable Costs Of Government Intervention
“We print it digitally,” Federal Reserve Chairman Jerome Powell said of money. They sure do. Real fiscal debt…
Blog
This Week in Ridiculous Regulations
The spring 2020 Unified Agenda was published on August 17. Due four months ago, it collects every rulemaking agency’s plans for upcoming regulations. The number…
National Review
App Shrugged: Will Uber Go Galt in California?
The rideshare company Uber is threatening to end its operations in California entirely if the Golden State forces the company to classify all its drivers as…
Blog
This Week in Ridiculous Regulations
Kamala Harris was announced as the Democratic dvice-presidential candidate, a massive storm swept through the Midwest, and Congress is out of session until September. The…
News Release
Regulatory Report Card Act Brings Accountability to Government, Wins Praise from CEI Expert
Rep. Paul Gosar (R-Arizona) introduced a Regulatory Report Card Act directing the Comptroller General of the United States to issue regulatory scorecards to agencies. The…
Blog
America’s “Unconstitutional Slop” Predates Trump’s Executive Actions on Pandemic Economic Relief
The logic of the administrative state dictates the expansion of itself in response to any crisis. Executive actions play a game rigged against limited government.
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