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
Here’s how one-in, ten-out is successfully cutting rules — but not draining the swamp
It’s October already, and while there’s no real fiscal year for federal regulation, the September 30 closing of the 2026 budgetary fiscal year marks…
Blog
The week in regulations: Drug prices and inedible almonds
Sen. Eric Schmitt (R-MO) learned the difference between the Atlanta Hawks and the Iowa Hawkeyes. President Trump rolled back some China tariffs and published…
Blog
Free the Economy podcast: Real-world economics with Paul Mueller
In this week’s episode we cover spiraling health care costs, reforming state-level regulations, and how to keep asset managers accountable…
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Newsletter
Stimulus to Nowhere, Banning Cell Phone Cameras and More Money for Ethanol
Republicans on Capitol Hill attack the $825 billion economic stimulus bill championed by President Obama. Rep. Peter King (R-NY) introduces legislation to ban silent cell…
Blog
DeMint’s Smaller-Government Stimulus
This week, Senator Jim DeMint (R-S.C.), in response to President Obama’s stimulus plan, announced his own alternative stimulus package, which David Weigel, at the Washington…
Blog
Kiss Off to Consumers
The appropriations portion of the House stimulus bill is not the only legislation with bad ideas. The House Energy and Commerce Committee has also marked…
Blog
Green Pork
In addition to tens of billions of dollars in the House stimulus bill for infrastructure and other projects to create jobs, there are also funding…
Blog
Apparent Hold on Solis Nomination
The confirmation of Rep. Hilda Solis (D-Calif.) as Labor Secretary has run into an unexpected delay, as an unidentified Republican senator appears to have…
News Release
CEI Unveils Agenda for Congress
Washington, D.C., January 26, 2009—With the incoming Obama administration and the opening of the new Congress, the House and Senate are…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
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Ryan Young
Senior Economist and Director of Publications
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
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