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…
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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
Another Federal Appeals Court Rules against Obama Administration’s Contraceptive Mandate
Contraceptives are easy to obtain, and forcing employers to include a broad array of contraceptives in employee health insurance makes as little sense as forcing…
Blog
CEI Podcast for June 26, 2013: TSA Full-Body Scanner Transparency
Fellow in Land-use and Transportation Studies Marc Scribner discusses the TSA's lack of transparency and the scanners' ineffectiveness in deterring terrorism.
Blog
Federal Regulations Make Americans 75 Percent Poorer
"Federal regulations have made you 75 percent poorer," and as a result, "U.S. GDP is just $16 trillion instead of $54 trillion," says an…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
96 new regulations, from fireworks shows near water to handling FOIA requests.
Blog
E-Verify: A Boon for Lawyers, Bad for Employers
I have written extensively about the threats to Americans’ civil liberties from E-Verify, the employment verification system contained within the Senate’s comprehensive immigration reform (CIR)…
Blog
A Critique of “300 Million Engines of Growth”: Why More Spending Won’t Cure what Ails U.S. Infrastructure
Earlier this month, the Center for American Progress issued a report in which it set out recommendations for growing the American economy. A significant…
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