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: 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…
Blog
The week in regulations: Beet food coloring and crab housekeeping
Culture warriors got upset over the Super Bowl halftime show. A mini-shutdown over ICE funding delayed some labor market indicators. Agencies issued new regulations ranging…
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Study
The Railroad Competition and Service Improvement Act
Why Government-Enforced “Competition” Will Not Work.
Blog
German Finance Humor
When the Germans are laughing at you, things are in a pretty serious mess. That’s the case with the British version of the bailout, which…
Blog
Unbelievable Gall from the New York Times
As economists and the Wall Street Journal have noted, the Community Reinvestment Act was an important ingredient of the financial crisis, by pressuring…
Blog
Censorship and Bailouts for the Rich
George Will has an interesting column on how the so-called “Fairness Doctrine” that many liberal lawmakers want to reimpose in order to shut down…
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Advocacy groups vs. Bush’s 11th hour
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Expertise Trumps Ideology in Obama’s Early Picks
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auto bailout
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PCAOB Case to Supreme Court
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Waxman Win Is Boon for Environmentalists, Bust for Utilities
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The Waxman Wane
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Bush administration’s legacy
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carbon dioxide and The Clean Air Act
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auto industry bailout
Newsletter
White House Summit, Auto Bailout and Oil Drilling
Leaders of twenty nations gather at the White House to discuss the global financial downturn. Lawmakers prepare to debate a financial…
Op-Eds
Another housing crisis brewing
As it continues to pick up the pieces from the mortgage mess, Congress needs to take note of another housing-related crisis that threatens…
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“midnight” regulations
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regulatory reform and Sarbanes-Oxley
Newsletter
Freezing Regulations, Attorney General Prospects and Bailing Out Detroit
President Elect Obama meets with his team of economic advisors. Controversial law professor Charles Ogletree is mentioned as a possible nominee for Attorney General. Detroit’s…
Op-Eds
Bush Should Keep Promise To Stop New Regs
Despite his party’s defeat at the polls last week, President Bush still wields enormous regulatory power. The way he manages this power—and, in…
Newsletter
White House Transition, More Bailouts and Power Struggles in Congress
George W. Bush and Barack Obama hold transition talks at the White House. Auto manufacturers continue their push for their own federal bailout. Two senior…
Tech Policy Central
CEI Blasts New Banking, Internet Gambling Regulations
News Release
An Agenda for the Obama and Bush Meeting
Since the President and President-elect start spending quality Oval Office time together today, and since the incoming administration’s advisors can’t settle on either pushing a…
Op-Eds
Dealing with the Threat of Global Recession
Fred L. Smith Jr. and John Berlau on the upcoming Global Economic Summit: Governments should agree to a timetable to end the bailouts.
Tech Policy Central
Op de valreep versoepelt Bush wat strenge milieuregels
Newsletter
Online Ads, Regulatory Reform and Free Trade
Google and Yahoo abandon a proposed advertising partnership amid antitrust concerns. President-Elect Obama begins transition work with the current White House staff. Rep. Rahm Emanuel…
Tech Policy Central
Next up: Bush administration’s anti-environment rules
Tech Policy Central
Groups Seek To Halt ‘Midnight Regulations’
Tech Policy Central
Bush Team Rushes Environmental Policy Changes
Capital Reseach
The economic crisis is the fault of the American people
Capital Reseach
Bush rushes through ‘harmful’ environment laws
Capital Reseach
Green, Free-Market Groups Decry ‘Midnight Regs’
Capital Reseach
Obama vs. Clinton
Ever since the economy emerged as the top campaign issue, Barack Obama has developed two basic messages. One is that the deregulation John McCain…
Capital Reseach
In Bush’s end-game, lots of changes on environment
Capital Reseach
Spitzer and Sarbox Were Deregulation?
News Release
Conservation and Free-Market Groups Call for Regulation Moratorium
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Newsletter
Internet Censorship, Reforming Fannie and Freddie and Free Trade with Colombia
American tech companies announce new guidelines for doing business in nations threatened by censorship. Lawmakers urge embattled mortgage giants Fannie Mae and Freddie Mac to…
Capital Reseach
the origins of the mortgage crisis
Capital Reseach
an economic policy agenda for the next president
Capital Reseach
Free Market Groups Launch Website to Move “Beyond Bailouts” Toward Fiscal Solvency
News Release
Free Market Groups Launch BeyondBailouts.org
As the economy continues to adjust to the credit crunch, CEI and NTU partner to fight for real financial reforms, not reckless spending.
Op-Eds
Government’s “10,000 Commandments” Cost Americans More than $1 Trillion
Federal regulations cost Americans almost as much as the income tax and more than 40 percent of all federal spending, according to “Ten Thousand…
Capital Reseach
Proprietary Products Boost NAIC Budget’s Bottom Line
Capital Reseach
Bailout drama fuels debate on regulation of insurance
Capital Reseach
NAIC oversight of AIG
Study
Facts About the AIG Collapse: A Response to the NAIC
Full Document Available in PDF Following the collapse…
Capital Reseach
Ecuador taking control of more mining concessions, Petrobas oil field
Capital Reseach
Ecuador Should End WFT Double-speak
In the midst of congratulating the Ecuadorian government on its landmark decision to eliminate the proposed 70 percent windfall tax on mining…
Capital Reseach
The Costs of Federal Regulation
Op-Eds
Oil Speculators ‘R’ Us
Those dastardly speculators! As well as oil company CEOs, traders in commodity futures have become convenient whipping boys for politicians of both…
Newsletter
Fewer New Laws, Disability Regulations and Bottled Water Bans
The current Congress has passed the fewest number of new laws in twenty years. The U.S. Justice Department finds that more than 100,000 apartments in…
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