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: Salt substitutes and spiny lobster management
The new White House Press Secretary lasted five days before resigning. Sen. Elizabeth Warren is upset that one company makes two brands of hot…
Blog
Free the Economy podcast: The future of Fusionism with Stephanie Slade
In this week’s episode we cover federal vs. state rules for prediction markets, the difference between Detroit and Pittsburgh, and a…
Blog
The week in regulations: Mariner training and Maryland trash
The federal government’s annual budget deficit hit $2 trillion. Defense Secretary Pete Hegseth pledged to livestream an execution. Thirty-year Treasury bond interest rates continued…
Search Posts
Blog
Flame Retardant Risks Overblown
Senator Frank Lautenberg (D-N.J.) and 25 members of Congress recently sent a letter to EPA Administrator Lisa Jackson urging quick action on regulations…
Blog
Do Shampoo “Technicians” Really Need To Be Licensed?
I never knew how unqualified I was to bathe myself. The states of New Hampshire, Tennessee, Alabama, Louisiana, and Texas all have laws requiring professional…
Blog
Obama Administration Urged Self-Reliant Hispanics To Go On Food Stamps
The government encouraged self-sufficient Hispanics to apply for food stamps, in a Spanish-language radio campaign that continued until English speakers finally became aware…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
84 new rules and 1,412 Federal Register pages, covering everything from fair use of the FBI's anti-piracy seal airline pilot's working hours.
Blog
The Other Scandal In Unhappy Valley
So it turns out that Penn State has covered up wrongdoing by one of its employees to avoid bad publicity. But I'm not talking about…
Blog
Regulation Roundup
Britain bans starting pistols from track meets, plus more.
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