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
It’s not the (government’s) thought that counts
Good intentions are not enough to create an effective regulation. An executive agency, Congress, or the White House can have the best intentions in…
Blog
The week in regulations: Roadless areas and squid quotas
The national debt topped $40 trillion. Vice President JD Vance argued for ending the dollar’s status as the world’s reserve currency. The Treasury Department…
Blog
Free the Economy podcast: Housing abundance and affordability with Luca Gattoni-Celli
In this week’s episode we cover J.D. Vance and the strength of the US dollar, how to track extreme weather events,…
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Forbes
Helicopter Government? How the Internet of Things Enables Pushbutton Regulation from a Distance
Artificial intelligence can be curiously stupid. My Android phone still thinks I’m “wing Cruz” and doesn’t know my kids. Pandora overplays The Church and Deadmau5…
Blog
This Week in Ridiculous Regulations
The number of new regulations this year passed 2,500 last week, and the Federal Register surpassed 60,000 pages. This week could see big news on…
Blog
VIDEO: Growth and Opportunity in the Beehive State
I’ve been interested in the work at the Center for Growth and Opportunity (CGO) at Utah State University for some time now, and I was…
News Release
CEI Urges Opposition of S. 2754, the “American Innovation and Manufacturing Act of 2019”
In response to the introduction of this bill, CEI Senior Fellow Ben Lieberman said: …
Blog
This Week in Ridiculous Regulations
Washington had one of its best weeks in recent memory. The Nationals won the World Series, and Congress is taking the next two weeks off.
Blog
The Unmeasured Costs of Federal Agency Liberation from Congress, Self-Funding, and Permanence
In considering the overall costs of regulation, little attention is given to the intractability of the administrative state itself. Congress shows little appetite for restraining…
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
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Sam Kazman
Counsel Emeritus
- Antitrust
- Automobiles and Roads
- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment