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: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
Blog
The week in regulations: Drone settlements and gambling losses
The 2026 Federal Register topped 20,000 pages. President Trump got into a feud with the Pope. Agencies issued new regulations ranging from mail standards to…
Blog
Free the Economy podcast: How to Get What You Want with Josh Bandoch
In this week’s episode we cover AI development in China, how large investors recycle homes, and why permitting reform needs to…
Search Posts
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Do Corporations Have Human Rights?
Intel’s defense in its EU antitrust case has taken the surprising line that the company’s human rights were violated. Over at Real Clear Markets, CEI…
Blog
Regulation of the Day 49: Political Speech
If Congress can’t pass laws abridging the freedom of speech or of the press, maybe they can pass laws abridging the freedom of speech and…
Newsletter
Obama’s Health Care Speech, Minority Underemployment and Investing in Global Warming
President Obama’s national health care address receives mixed reviews. DC Progress hosts a panel discussion on the problem of “underemployment” among locals in Washington, D.C.
CEI Planet
CEI Planet: July – August 2009
The July-August 2009 issue of the CEI Planet features coverage of CEI’s 25th Anniversary Gala, and articles on federal catastrophe insurance and TARP transparency.
News Release
Berlau in New York Times on Overdraft Fees from Debit Cards – with Misleading Headline
John Berlau, Director of the Center for Investors and Entrepreneurs at the Competitive Enterprise Institute, was a guest contributor this week to the New York…
Blog
Project Labor Agreements’ Dire Effects on Minority Contractors
Today, DC Progress, a public policy organization that focuses on the District of Columbia, hosted a panel on the issue of underemployment. DC Progress…
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