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…
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Newsletter
CO2, Microsoft’s Antitrust Overseers and Anti-Tax Activists
The Environmental Protection Agency prepares to release a document that could require the federal government to regulate emissions of carbon dioxide. The Justice Department extends…
Newsletter
Anti-Tax Tea Parties, College Quotas and Job-Killing Regulations
People across the nation rally to oppose high taxes and government spending in the spirit of the original Boston Tea Party. President Obama’s apparent support…
Blog
We Wouldn’t Have Teaparties If It Wasn’t For Rentseeking
Those who say we tried the free market and it failed should research the history of the Boston Tea Party a little. We didn’t even…
Newsletter
Tax Day Protests, Small Car Safety and Union Organizing
People across the country gather to protest high taxes and excessive government spending. A new crash test study finds that smaller cars are especially vulnerable…
Blog
A National Anthem for April 15
As Tea Parties brew across the land today, I’m reminded of the infamous “Tax Poem” chain email, or, spam, if you like. Set to music…
Op-Eds
1,000,000 Tea Bags Find a Home
After park officials turned away Tea Party protesters' 1 million tea bags, the press conference was moved to the Competitive Enterprise Institute. We were happy…
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