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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Reason
Commerce Secretary Wilbur Ross Can’t Stay Awake During Meetings. Does That Mean It’s Time to Put His Whole Crony Capitalist Department to Rest?
Reason cites CEI’s report on the Economic Development Administration. “In the four decades since its creation, EDA has funded professional football practice facilities,…
Blog
Guidance Documents of the Week: Consumer Product Safety Commission Revisited
Guidance documents are statements of policy issued by your favorite alphabet soup of agencies, which more often than not translate into law, despite rarely going…
Blog
This Week in Ridiculous Regulations
Washington, D.C.’s flash flood was followed up by a heat wave; this week could bring even worse during Congress’ final week in session before the…
Blog
What Should the Government Do?
What Should the Government Do? In that question lies most disagreements about politics. What can governments do, and just because they can, should they? …
Newsmax
Volcker Rule Burdens Banks, Markets
Newsmax cites a recent coalition letter signed by CEI opposing the Volcker Rule. That legislative ban would seem to apply here, because as…
Politico, Morning Energy
Perry Calls Efficiency Moves ‘Common Sense’
POLITICO‘s Morning Energy cites CEI’s recent petition for increased efficiency in dishwashers. PERRY: EASING EFFICIENCY IS ‘COMMON SENSE’: DOE will publish in the Federal…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
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Ryan Young
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Sam Kazman
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Marlo Lewis, Jr.
Senior Fellow
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