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…
Blog
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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Championing Economic Liberty in a Time of Crisis
From CEI’s Agenda for Congress: Fred Smith, President and Founder of CEI on the economic crisis, the threat of bad policies, and the real change…
Blog
Geithner’s “bad bank” is a big bad idea: fix bad mark-to-market accounting instead
The Obama’s administration $1 trillion plus bank bailout plan — on top of the $800 billion stimulus that just passed the Senate — will explode…
Blog
No Florida Insurance Bailout
It seems that the state of Florida has overpromised insurance coverage to its citizens in the case of a catastrophic storm, and now is…
Blog
Book-Banning, 21st Century Style
Remember the fuss when it was revealed that Sarah Palin had enquired about removing books from her town library? It would have been so much…
Newsletter
Stocks Drop, Thrift Stores Threatened and Spending Tobacco Money
Stock values drop as investors await the passage of an economic stimulus bill and the new rules and restrictions that it will come with. New…
News Release
Senate Approves Stimulus, Steps off Economic Cliff
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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