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 week in regulations: Cyber sanctions and tinnitus relief devices
Inflation is now more than double the Federal Reserve’s target. The Iran war heated up again. Agencies issued new regulations ranging from vending stands to…
Blog
Free the Economy podcast: Taxing the rich with Jared Walczak
In this week’s episode we cover America’s low-income churn, reforms to civil asset forfeiture, changes to vehicle emissions testing, a shout…
Blog
The week in regulations: Bone void filler and halibut action
May’s job numbers were strong for the third month in a row, though job growth since Liberation Day remains under 100,000, for a labor force…
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Op-Eds
One Nation, Ungovernable: Trump White House Releases Fiscal Year 2021 Federal Budget
There has not been a federal budget surplus since Bill Clinton was president. Not long ago, President Trump’s New Foundation for American…
Blog
This Week in Ridiculous Regulations
The impeachment trial ended the way everyone expected, the State of the Union address happened, and the coronavirus outbreak intensified. Agencies issued new final regulations…
Blog
This Week in Ridiculous Regulations
The impeachment trial continued, Brexit happened, President Trump signed the USMCA trade agreement, and the 2020 Federal Register topped 5,000 pages. Agencies issued new final…
Blog
This Week in Ridiculous Regulations
The Federal Register had a four-day week due to Martin Luther King Day, but agencies still found time to issue new final regulations ranging from…
Blog
This Week in Ridiculous Regulations
In a busy week, President Trump signed Phase One of a trade agreement with China on Wednesday. On Thursday, the Senate ratified the USMCA trade…
Issues & Insights
Why Trump’s Dishwasher Diatribe Matters
Issues & Insights cites CEI’s dishwasher petition to the DOE: The Competitive Enterprise Institute compiled data on dishwasher cycle times since 1983, using numbers…
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