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: Cyber sanctions and tinnitus relief devices
Inflation is now more than double the Federal Reserve’s target. The Iran war heated up again. Agencies issued new regulations ranging from vending stands to…
Blog
Free the Economy podcast: Taxing the rich with Jared Walczak
In this week’s episode we cover America’s low-income churn, reforms to civil asset forfeiture, changes to vehicle emissions testing, a shout…
Blog
The week in regulations: Bone void filler and halibut action
May’s job numbers were strong for the third month in a row, though job growth since Liberation Day remains under 100,000, for a labor force…
Search Posts
Blog
Are We Living in Post-Republic America?
Americans have the notion that liberty equals elections, and therefore feel themselves still living in a free country so long as elections proceed as scheduled. But the growth of government bureaucracy…
Blog
Is the Four Loko/FTC Settlement on the Rocks?
If you're a regular reader of OpenMarket.org, then you know we at CEI have written quite a bit on the issue of Four Loko.
Op-Eds
The Root Cause of Market Failure In Higher Education
A little noticed Associated Press news story last week reported that China now plans to phase out college majors that consistently produce unemployable graduates. Any…
Op-Eds
Cut a Cabinet Department? You Must Be Joking
“Laws were most numerous when the state was most corrupt.” — Tacitus, The Annals III.27 Texas Gov. Rick Perry came in for much ridicule for…
Blog
Regulation of the Day 200: Flying Food
Millions of Americans are taking to the skies to spend time with their families over Thanksgiving. Many of them will be carrying leftovers on their…
Blog
Government Meddling Won’t Create Jobs
The Hill recently ran my letter to the editor responding to Sen. Tom Harkin’s column, “Republican attacks on workers’ rights won’t create jobs.” I make…
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