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: Drug prices and inedible almonds
Sen. Eric Schmitt (R-MO) learned the difference between the Atlanta Hawks and the Iowa Hawkeyes. President Trump rolled back some China tariffs and published…
Blog
Free the Economy podcast: Real-world economics with Paul Mueller
In this week’s episode we cover spiraling health care costs, reforming state-level regulations, and how to keep asset managers accountable…
Blog
The week in regulations: Safe explosives and baker’s yeast
President Trump proposed an export ban on diesel fuel. Mortgage rates topped 7 percent. Agencies issued new regulations ranging from bank mergers to window…
Search Posts
The Hill
Big Brother? How SOPRA can help restore proper authority
The Internet as we know it may soon become unrecognizable. That’s because the freewheeling “network of networks” soon will be regulated by bureaucrats. The D.C.
Blog
House Judiciary Subcommittee Assesses OMB Review of Federal Regulations
Last week on July 6, the U.S. House of Representatives Judiciary Committee’s Sub-Committee Subcommittee on Regulatory Reform, Commercial and Antitrust Law conducted a hearing on…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
It was a short work week due to the Fourth of July holiday, but agencies still managed to issue new rules covering everything from stormwater…
Forbes
Here’s How Financial And Other Regulators Are Issuing Rules Without Writing Them
At the end of June I testified in a U.S. Senate Homeland Security Regulatory oversight subcommittee hearing on Examining the Use of Agency Regulatory…
Blog
Testimony on Regulatory Budgeting before the House Budget Committee
Today, the U.S. House of Representatives Budget Committee conducted a hearing on An Introduction to Regulatory Budgeting, and I was invited to testify by Chairman…
Blog
My One Agreement with Sen. Warren: Federal Rulemaking Should Be Transparent
In my two previous posts, I picked apart Sen. Elizabeth Warren’s allegation that notice and comment rulemakings are unfairly tilted in the favor of regulated…
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