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
News Release
Regulators propose improvements to Clean Water Act regs: CEI analysis
Today, the Environmental Protection Agency and the U.S. Army Corps of Engineers released a pre-publication copy of a supplemental notice of proposed…
Blog
Free the Economy podcast: Maximum New York with Daniel Golliher
In this week’s episode we cover climate collusion between California and Quebec, how luxurious college campuses are breeding socialists, and government…
Blog
The regulatory costs we still aren’t counting
Several years ago, I assembled a “Costberg” working paper surveying the largely impenetrable and undisclosed costs of regulation. The project grew out of…
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Blog
Capitalist-David rally versus Goliath-protests for Socialism
During the G20 summit something like 40,000 plus protesters slated to descend upon London. Of that number, there is a small but growing and…
Op-Eds
Americorps Plan Will Waste Money on Ideological Causes
Despite exploding deficits, President Obama and congressional leaders are backing a $5.7 billion “national service” boondoggle. Obama’s proposed budgets, which break…
Blog
Organic Pesticides Fail EU Safety Review
Ask people who buy organic food what they like about it, and chances are, most will say "they're grown without pesticides." That's not actually true.
Blog
With or Without You
The Obama administration's ouster of GM CEO Rick Wagoner won't solve the auto giant's problems. It does, however, show the power that government now wields…
Blog
Feds Make Freddie Mac Even Worse, Ripping Off Taxpayers
After federal regulators took over failing mortgage giant Freddie Mac, they didn’t stop its risky lending practices. Instead, they ramped up its risk-taking, making it…
Blog
Utah Gov. Vetoes Bad Gaming Bill, Self-Regulation Triumphs
Last night, the first amendment, self-regulation, consumers, parents, entrepreneurs, gamers, and business won a huge victory in Utah. In early March, I posted about 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