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
An America250 funeral for the 80-year-old Administrative Procedure Act
Clyde Wayne Crews Jr. As America approaches its 250th anniversary, another institution reaches a milestone of its own. The Administrative Procedure Act of…
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…
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…
Search Posts
Forbes
What Do Scholars Say About The Conceptual Relationship Between Regulation And Entrepreneurship?
We know that “Institutions Matter” when it comes to governance and prosperity. They have to, because the phrase returns over 200,000 Google search results.
Blog
This Week in Ridiculous Regulations
It was a newsy week, with Justice Kennedy’s retirement announcement, along with some big Supreme Court decisions, including the Janus decision regarding public sector unions;…
Blog
Remarks by CEI President Kent Lassman at 2018 Annual Dinner
Remarks by CEI President Kent Lassman at our Annual Dinner and Reception on June 28, 2018, in Washington, D.C. Welcome to the CEI annual dinner. Thank you all for…
The Wall Street Journal
The Dishwasher Rebellion
The Wall Street Journal cited CEI’s on the dishwasher rebellion. The digital revolution relentlessly enables consumer products to become better, faster and cheaper.
Forbes
Pinpointing The Role Of Economic Liberty In Inspiring Global Entrepreneurship
It is hard to start a business that works. Most people do not attempt it. The reasons are complex, but the World Bank’s Doing Business…
Forbes
Trump’s Executive Branch Restructuring: What If The Federal Government Is Beyond Streamlining?
Can the federal government shrink? Or is the situation like the waistlines that paradoxically parallel the growth of the diet and fitness industry?…
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