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: 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…
Blog
Free the Economy podcast: Gen Z capitalism with Sam Raus
In this week’s episode we cover how data centers power our lives, how modern technology is fueling family togetherness, and the…
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…
Search Posts
Blog
Unions Plead for Changes to Obamacare, Citing Lost Wages and Benefits
The Wall Street Journal reports today that the leaders of three major labor unions are asking Congress to make fundamental changes to Obamacare, saying that without such changes, it will…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
84 new regulations, from apartment building energy usage to when truckers have lunch.
Blog
The Apple E-Book Ruling and Antitrust Absurdity
A recent ruling against Apple over its e-book pricing policies highlights the absurdity of antitrust laws, as I point out in the Daily Caller:…
Blog
CEI Podcast for July 11, 2013: Farm Bill Controversy
Adjunct Fellow Fran Smith breaks down the controversy surrounding this year's farm bill.
Blog
Scientists Warn of Dangers of “Precautionary Science”
Eighteen scientists recently weighed in on the unscientific and dangerous nature of the so-called “precautionary principle” in the July issue of the journal Food…
Blog
Senate Committee Passes ENDA, Which Would Lead to Meritless Litigation and Erode Free Speech
A Senate Committee has voted 15-to-7 to approve the Employment Non-Discrimination Act, "a bill that would prohibit employers from discriminating against workers on the basis…
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