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
National Review
From Munitions Shortage to Ebola, Dodd–Frank Minerals Measure Makes Things Worse
A scan of news headlines warns readers of two seemingly unrelated dangers around the globe. One is a potential shortage of missiles, interceptors, and…
Blog
The week in regulations: School libraries and sport pilots
The Federal Reserve raised interest rates. Congress passed a Russia sanctions bill that gives President Trump more tariff authority. Agencies issued new regulations ranging…
Blog
Free the Economy podcast: The Overton Window with James Hohman
In this week’s episode we cover Treasury yields, oil prices, US-China-Taiwan security policy, and Trump’s $5,000 dividend checks. Our…
Search Posts
Blog
CEI Podcast for October 30, 2013: Bringing Transparency to the Consumer Financial Protection Bureau
George Mason University law professor and Mercatus Center senior scholar Todd Zywicki discusses his paper, "The Consumer Financial Protection Bureau: Savior or Menace?"…
Blog
Don’t Let FTC Shut Down Legit Credit Repair Services
Next to the infamous Healthcare.gov, the website that featured the most bugs of the last month was FTC.gov, the site of the Federal Trade Commission. During…
Blog
Questions for Janet Yellen
Even if it is nominally independent, the Federal Reserve is arguably the government’s most important agency. It has control over the price system, the most…
Blog
Racial Preferences in Obamacare, and Discrimination, Too, Based on Weird Ideology
The Daily Caller has an interesting story about race-conscious provisions and racial preferences contained in Obamacare. It's a subject that has received remarkably little…
Blog
An Alarmist Vocabulary: Chemical Is “Linked To,” “Study Suggests,” “Consistent With”
Headlines continue to appear to claiming that a recent study has shown that the chemical bisphenol A increases the risk of miscarriage, which I addressed…
Blog
Racial Preferences and Red Tape Grow Under Federal Dodd-Frank Act
Last Friday on National Review's The Corner, Roger Clegg wrote about the 2010 law governing the financial sector, the Dodd-Frank Act, and the racial "diversity quotas"…
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