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: Safe explosives and baker’s yeast
President Trump proposed an export ban on diesel fuel. Mortgage rates topped 7 percent. Agencies issued new regulations ranging from bank mergers to window…
Blog
Free the Economy podcast: Gen Z capitalism with Sam Raus
In this week’s episode we cover how data centers power our lives, how modern technology is fueling family togetherness, and the…
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…
Search Posts
Forbes
Here Are the 298 Costliest Rules in the New Unified Agenda of Federal Regulations
No matter the presidential administration, federal agencies issue thousands of rules and regulations every year compared to a relative handful of laws passed…
Forbes
The New White House Unified Agenda of Federal Regulations Promises Government Activism
Federal agencies outline their regulatory priorities in the Unified Agenda of Federal Regulatory and Deregulatory Actions (the “Agenda”) each Spring and Fall.
Blog
This Week in Ridiculous Regulations
The economic recovery continues, but Congress is still intent on passing unneeded stimulus and infrastructure spending. Inflation is also up, and five antitrust bills…
News Release
Unified Agenda of Federal Regulation Reflects Biden’s Campaign Against Transparency for the Administrative State
The Biden Administration today released the Spring 2021 Unified Agenda of Federal Regulation, the first regulatory agenda for President Joe Biden. CEI…
Blog
CPI Inflation Indicator Hits 5 Percent: Not Stagflation, But a Useful Warning
The Consumer Price Index (CPI) for May came out this morning. At 5 percent, it was higher than expected. CPI has its…
Blog
Stimulating the COVID Recovery without Trillions in Spending
Over at Inside Sources, I make the case that deregulation, freer trade, and continued vaccinations will do more to open up the economy…
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