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 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…
Blog
Free the Economy podcast: The future of financial regulation with Thomas Hoenig
In this week’s episode we cover the status of occupational licensing in the 50 states, the coming crack-up over entitlement spending,…
Search Posts
Daily Iowegian
The Hidden Costs of Government Regulation
Newsletter
Coleman v. Franken, Drug War TV and $8 Trillion Worth of Stimulus
Sen. Norm Coleman (R-MN) announces a legal challenge to an election ruling favoring his rival Al Franken. ABC premieres the primetime drama “Homeland Security USA,”…
Blog
Card Check Loses Support, but Threat Isn’t Over
Today in The Wall Street Journal, Kimberley Strassel dissects the shifting political prospects for the Employee Free Choice Act (EFCA), commonly known as the…
Blog
Prediction 2009: No Net Neutrality Regulation
Perhaps this is just wishful thinking, but I think that 2009 may see the death of calls for net neutrality regulation and may even see…
Products
CEI Planet: January – February 2009
View the new Montly Planet by downloading the PDF of the issue. Below you’ll find previews of the articles in this issue: From The…
Blog
Davis-Bacon from the Pork Barrel
In today’s Wall Street Journal, the Brookings Institution’s Clifford Winston points out some critical pitfalls likely to face the infrastructure spending element of President-elect…
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