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
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Free the Economy podcast: Affording the American Dream with Akash Chougule
In this week’s episode we cover what’s making housing so expensive, the common good of the Constitution, and more jawboning…
Blog
The week in regulations: Mailing live animals and crash test dummy comments
A Trump administration envoy to Russia called Vladimir Putin a humanitarian. The Justice Department announced it will sue if the Republican Senate candidate in…
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Free the Economy podcast: The Grim Old Days with Chelsea Follett
In this week’s episode we cover global energy security, a new lawsuit against Section 338 tariffs, and fresh talent in…
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More Shields and Fewer Swords in Realm of Federal Regulation
Yesterday the New Civil Liberties Alliance (NCLA) held a fascinating event on one of their marquee cases, Baldwin v. United States (read more in my…
Inside Sources
5 Reasons Trump Is Right to Save Incandescent Light Bulbs
Americans will have more freedom of choice now that the Trump administration’s Department of Energy has set about undoing Obama-era regulations targeting incandescent light bulbs in favor…
News Release
CEI Commends Executive Action Restricting Use of Regulatory Dark Matter
The White House today announced President Trump will sign two executive orders aimed at stopping the practice of agencies using guidance documents to effectively implement…
Blog
Software Solutions for Regulatory Reform?
On Friday, the C. Boyden Gray Center for the Study of the Administrative State held a fascinating conference, “The Administration of Democracy,” which covered issues…
Study
Democratic Capitalism: Why Political and Economic Freedom Need Each Other
Is capitalism destroying democracy? It is an old question that political thinkers have long wrestled with.
Blog
Costs of Economic Distortions Caused by ‘Ordinary’ Federal Spending, Subsidies, and Stimulus
While routine ground-level federal spending is less glamorous than interventionist national agendas, socialization of properties and resources, or economic “stimulus” and “big science” crusades, the…
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