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
Free the Economy podcast: The business of Federalism with Derek Kreifels
In this week’s episode we cover childcare in the 50 states, how to fix rising healthcare costs, the new Institute for…
Blog
The week in regulations: Pipeline safety and NFL Draft security
Federal Reserve Chair nominee Kevin Warsh had his confirmation hearing, and President Trump dropped his criminal investigation into Jerome Powell. The government is poised to…
Blog
Free the Economy podcast: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
Search Posts
Blog
The $400 Pizza
The reason it cost $400 was not because of restaurant business practices but because of television labor practices.
Blog
Department of Labor Companionship Rule Doesn’t Comply with Best Practices
Last Wednesday, Office of Information and Regulatory Affairs (OIRA) Administrator Cass Sunstein sent a memo to executive agency heads concerning the cumulative effects of…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
75 new final rules were published last week, up from 72 the previous week. That’s the equivalent of a new regulation every 2 hours and…
Blog
Agricultural Innovation in the 21st Century: CEI on Capitol Hill
On Monday, I’ll be speaking at a Capitol Hill event sponsored by Americans for Choice and Competition in Agriculture, which also…
Blog
Yes, the JOBS Act Will Create Jobs, Wealth, and Investor Freedom
Tomorrow, the Senate is expected to pass the Jumpstart Our Business Startups (JOBS) Act. The bill achieved cloture today by 76 votes, all but assuring…
Blog
ThinkProgress’ Schizophrenia on Crowdfunding and the JOBS Act
ThinkProgress, the blogging arm of the liberal Center for American Progress, is usually pretty good on enforcing the political left’s party line. But two of…
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