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
The week in regulations: Grandfathered driver vision and socializing dogs
The Supreme Court declared President Trump’s IEEPA tariffs unconstitutional. The White House responded by enacting a 15 percent global tariff under a different statute. The…
Blog
Free the Economy podcast: What’s wrong with Congress with Kevin Kosar
In this week’s episode we talk about we talk about Consumer-Regulated Electricity, the amazing falling US poverty rate, and how smart…
Blog
Trump’s deregulation meets invisible rulemaking: The real 2026 challenge
After a brief shutdown, most fiscal year 2026 appropriations have been enacted, despite continued debate over Department of Homeland Security (DHS) funding. We may soon…
Search Posts
Cayman Financial Review
The Administrative State
King George III, decried Thomas Jefferson in America’s Declaration of Independence, “has erected a multitude of new offices, and sent hither swarms of officers to…
The Patriot Post
Airline Deregulation At 40: Flying The Friendly Skies
The Patriot Post cited CEI’s Senior Fellow Marc Scribner on airline deregulation. Despite those fears about safety and loss of service to some…
Blog
This Week in Ridiculous Regulations
Regulators were relatively quiet during the week before the midterm election, though CEI wasn’t, with our colleague Ted Frank arguing a case before the Supreme…
Blog
RegData Tracks Extent of Federal and State Regulation
This week our old friend Chad Reese of the Mercatus Center at George Mason University hosts a new podcast about Mercatus’ RegData…
Letters
CEI Joins Coalition Letter Opposing Section 202 of S.3278 of the Protecting Taxpayers Act
The 17 undersigned organizations together ask Congress to oppose Section 202 of S. 3278, the Protecting Taxpayers Act, and similar efforts to grant the IRS…
Bloomberg News
NLRB Dodging Questions On ‘Joint Employer’ Rule, Democrats Say
Bloomberg News cited CEI’s Policy Analyst Trey Kovacs on the National Labor Relations Board’s ‘Joint Employer’ Rule. The NLRB responded to those separate…
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