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.
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Permitting Reform for a Freer and More Prosperous Nation
Contents Special Advisors The Importance of Permitting Reform Part 1: 11 Principles for Permitting Reform Part 2: Statute-by-Statute Analysis for Permitting…
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The week in regulations: Carbon nanotubes and colored sausage casings
President Trump enacted new tariffs against more than 60 countries. Some of the Canada tariffs invoke a never-used statute from the 1930 Smoot-Hawley Tariff…
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Evaluating DOGE nearly halfway through Trump’s second term
One week after his victory in the 2024 presidential election, Donald Trump announced that he would create the Department of Government Efficiency (DOGE)…
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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.
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New CEI Video: Eliminating Never Needed Regulations to Help with Recovery
In a new CEI video, Kent Lassman talks about three things agencies can do rein in regulations that are hindering the COVID-19 response and making…
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This Week in Ridiculous Regulations
August’s 2020 disaster list so far includes a massive warehouse explosion in Beirut that killed more than 100 people and Hurricane Isaias. In positive news,…
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Cautious Optimism on July Jobs Numbers: Prudence, Resilience Will Aid Recovery
In July, 1.8 million new jobs were created, and the unemployment rate dropped to 10.2 percent. That is a welcome follow-up to the second quarter’s…
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When Spending Is Regulation: The Grand Unification Theory of Government Growth
Alongside helplessness in the face of a looming $27 trillion debt, debating administrative state policy hasn’t been much help in forestalling federal government growth.
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An Executive Order 13,891 Guidance Document Portal Update: Another Lap to Go
President Donald Trump’s October 9, 2019 Executive Order 13,891 (E.O. 13,891) and a subsequent White House Office of Management directive to amplify and clarify it…
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