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
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…
Blog
The week in regulations: School libraries and sport pilots
The Federal Reserve raised interest rates. Congress passed a Russia sanctions bill that gives President Trump more tariff authority. Agencies issued new regulations ranging…
Blog
Free the Economy podcast: The Overton Window with James Hohman
In this week’s episode we cover Treasury yields, oil prices, US-China-Taiwan security policy, and Trump’s $5,000 dividend checks. Our…
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Forbes
Debt Ceiling, Meet Domestic Forever Wars
Joe Biden proclaimed to the nation that “I was not going to extend this forever war,” referring to the tw0-decade campaign in Afghanistan. To…
Forbes
Republicans Should Kill The Bipartisan Infrastructure Bill And Do This Instead
Reminding America that big spending is bipartisan, some Senate Republicans craving the illusion of artful dealmaking …
National Review
Biden’s Regulatory Pen and Phone Must Be Replaced with an ‘Abuse-of-Crisis Prevention Act’
For folks who talk about boring topics such as federal regulation, it’s normal to discuss costs and counts. I’m one of those people.
Blog
A Sustained Recovery Needs a Deregulatory Stimulus
Over in The Hill, Wayne Crews and I argue that more deficit spending won’t help the COVID recovery. Regulatory reform is more powerful…
The Hill
Sustained Economic Growth Needs Congressional Regulatory Reform
Former President Trump was the first president in 30 years to take a serious interest in regulatory reform. You might have to go back to…
News Release
CEI Supports Sen. Rick Scott and Rep. Byron Donald’s New Regulatory Reform Bill to Prune Unneeded Rules
WASHINGTON – Sen. Rick Scott (R-FL) recently introduced S. 2239, the Unnecessary Agency Regulations Act of 2021, a law that would require the…
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