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: Maximum New York with Daniel Golliher
In this week’s episode we cover climate collusion between California and Quebec, how luxurious college campuses are breeding socialists, and government…
Blog
The regulatory costs we still aren’t counting
Several years ago, I assembled a “Costberg” working paper surveying the largely impenetrable and undisclosed costs of regulation. The project grew out of…
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The week in regulations: Voting by mail and $100,000 visas
The number of new final regulations in 2026 topped the 2,000 mark. President Trump escalated his trade war against Canada and issued an executive…
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Liberty Unyielding
Tuesday’s Election Was Nothing For Republicans To Smile About
Liberty Unyielding cited CEI on Trump’s deregulation policy. The ideological composition of the judiciary matters for the economy. Yesterday, a judge blocked the Trump…
Study
How Antitrust Regulation Hinders Innovation and Competition
Few economic concepts elicit such strong reactions as that of monopoly, and the policy intended to address it—antitrust regulations (called competition policy in the European…
Blog
This Week in Ridiculous Regulations
The midterm elections finally happened. The good news is no more political ads for a while; the bad news is that a bunch of politicians…
Forbes
The Midterm Election Results Should Inspire A New Trump Executive Order On Federal Regulations
As part of its economic reform agenda, the Trump administration emphasized cutting red tape. It reaffirmed Office of Management and Budget (OMB) cost-benefit review of significant agency rules…
Blog
What Do the Midterms Mean for Regulatory Reform?
A divided Congress probably means the status quo will reign on regulation. This is a mixed bag from a free-market perspective. President Trump made…
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…
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