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 most powerful monopoly isn’t a corporation: Introducing the Capitol Control Quotient
Policymakers often argue over whether capitalism works and how aggressively it should be restrained. But they rarely ask the more pertinent question: where, exactly, does…
Blog
The week in regulations: Fusion machines and suspicious health care
President Trump launched a preemptive war with Iran, leading many to question the true worth of the FIFA Peace Prize. The 2026 Federal Register topped…
Blog
Minimum lot sizes, maximum costs
When Americans think about the housing affordability debate, they tend to picture cranes, lumber prices, or mortgage interest rates. It is certainly important to focus…
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Blog
Sure, just what we need: yet another regulatory government agency
Here’s my letter published in the Oct. 25th edition of the Boston Globe responding to an editorial…
Newsletter
Web Giants Battle over Networks, Obama on Climate and New Financial Regulations
Google and AT&T battle over web rules. President Obama won’t talk climate change at UN negotiations in Copenhagen. The House Financial Services Committee votes to…
Blog
More Bad Mortgages on the Way, Thanks to Congressional Committee
Expect to see more bad mortgages as a result of a House committee’s vote Thursday to create the so-called “Consumer Financial Protection Agency.” That…
Blog
Sweden’s CO2 Labeling: Deceptive Advertising?
A quick point to add to Fran Smith's post on Sweden's experiment in labeling food and menus with carbon footprints: don't read too much into…
Blog
CEI Weekly: Scholars Support Case Against Sarbanes Oxley
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features new "amicus briefs" submitted by legal scholars for the Sarbanes…
Blog
Regulation of the Day 65: Weighing Animals
If you sell poultry or livestock, it’s a good idea to weigh them first. Makes it easier for buyer and seller to agree on a…
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