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…
Search Posts
Forbes
How Many Federal Agencies Exist? We Can’t Drain The Swamp Until We Know
As the federal bureaucracy has expanded, has America become “One Nation, Ungovernable”? No one can even say with certainty anymore how many federal agencies exist;…
Blog
Don’t Follow the Money
The July/August issue of Foreign Affairs has an excellent article by Professor Peter Neumann of King’s College London entitled: “Don’t Follow the Money: The Problem with…
The Conservative
Trade’s Real Enemy Is Regulation
Free trade has brought countless benefits over the past two centuries. It allows for specialisation among nations that has brought down the cost of living…
Blog
This Week in Ridiculous Regulations
A recent EPA rule for dental effluence caused some controversy for violating President Trump’s one-in, two-out policy for new rules.
News Release
CEI Supports Senate Consideration of Neomi Rao as OIRA Administrator
Today, the U.S. Senate voted to advance the nomination of Neomi Rao as the Trump administration’s pick to serve as the Administrator of the Office…
Forbes
Trump’s New Executive Branch Reorganization Should Discipline Agency Guidance Documents
President Donald Trump is undertaking a “Comprehensive Plan for Reorganizing the Executive Branch.” (E.O. 13781) For the new executive branch reorganization to bear…
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