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,…
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News Release
Cost of Gov’t Day Includes $1.16 Trillion in Regulations
What goes up and doesn’t come down? The federal budget and the cost of federal regulations. A new report finds that the cost of federal…
Newsletter
The Cost of Government, Cell Phone Fees and the Housing Bailout
American for Tax Reform prepares to observe “Cost of Government Day.” Verizon settles a lawsuit over its “early termination” fees for mobile phone customers. The…
News Release
Cost of Federal Regulation Grew to $1.16 Trillion
What goes up and doesn’t come down? The federal budget and the cost of federal regulations. A new report finds that the cost of federal…
Study
Ten Thousand Commandments
CEI's Annual Snapshot of the Federal Regulatory State…
Products
CEI Planet: April – May 2008
View the new Montly Planet by downloading the PDF of the issue. Below you’ll find previews of the articles in this issue: The New…
Newsletter
The FCC Goes Local, Economic Woes and Gun Rights
Senators express concern over proposed FCC localism regulations. The U.S. economy avoids recession status with modest growth in the first quarter of 2008. A federal…
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