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
Here’s how one-in, ten-out is successfully cutting rules — but not draining the swamp
It’s October already, and while there’s no real fiscal year for federal regulation, the September 30 closing of the 2026 budgetary fiscal year marks…
Blog
The week in regulations: Drug prices and inedible almonds
Sen. Eric Schmitt (R-MO) learned the difference between the Atlanta Hawks and the Iowa Hawkeyes. President Trump rolled back some China tariffs and published…
Blog
Free the Economy podcast: Real-world economics with Paul Mueller
In this week’s episode we cover spiraling health care costs, reforming state-level regulations, and how to keep asset managers accountable…
Search Posts
Blog
CEI’s Battered Business Bureau: The Week In Regulation
28 new regulations, from the United Soybean Board to synthetic drugs.
Forbes
Federal Regulation: The Costs of Benefits
The premise that national top-down regulation of the economy brings substantial net benefits dominates public policy. But forget the philosophical debate over laissez-faire vs. the…
Blog
Update On D.C.’s Driverless Car Legalization Legislation
In November, I noted in The Washington Post and here on Open Market that a bill introduced in the D.C. Council contained two dangerously flawed provisions and…
Blog
Settlement: FTC Ends Google Antitrust Investigation
Today, the Federal Trade Commission (FTC) cleared Google of accusations of "Search Bias," and inappropriately harming rivals. The investigation lasted nearly…
Blog
CEI Podcast For January 3, 2013: The Fiscal Cliff Meets The Costberg
Congress made an unsatisfying compromise deal this week to avoid falling off the fiscal cliff. But Vice President for policy Wayne Crews thinks this is…
Blog
New Year, New Laws
More than 400 new laws came into effect today.
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