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
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Free the Economy podcast: The future of financial regulation with Thomas Hoenig
In this week’s episode we cover the status of occupational licensing in the 50 states, the coming crack-up over entitlement spending,…
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HHS cutting Head Start red tape shows the cost of regulatory micromanagement
Individual regulations are often defended as necessary on their own terms. But as CEI Senior Fellow Wayne Crews’ Ten Thousand Commandments documents, the…
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It’s not the (government’s) thought that counts
Good intentions are not enough to create an effective regulation. An executive agency, Congress, or the White House can have the best intentions in…
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VIDEO: Fred Thompson on the Economy
In a great satire of today's political doublespeak, Fred Thompson tells us why the sophisticated policies coming out of Washington defy common sense. How do…
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Paulson’s Bailout Was a Scam
National Review editor Rich Lowry, who mistakenly supported the financial system bailout because he trusted the Bush Administration, now realizes that he was deceived by…
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Fed Cuts Rates, Punishing Thrift, and Impoverishing Savers
The Federal Reserve has just cut the federal funds rate for loans to banks to an unprecedentedly low rate — ranging from 0.0% to…
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Auto Bailout Would Kill Jobs, Impoverish Taxpayers
A bailout would be worse for the auto industry than automakers filing for bankruptcy, explains banking and bankruptcy expert Todd Zywicki, a law professor,…
Newsletter
Bailout Indecision, Greenhouse Gas Negotiations and Privatizing Electricity
President Bush and Treasury officials continue to evaluate possible bailout proposals for General Motors and Chrysler. Twenty-seven European countries sign a new agreement to reduce…
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The Cloverfield Monster of the Internet
Earlier posts today dealt with the hoo-ha over Net Neutrality. By coincidence, an anonymous colleague put the following old 1996 quote by Sen. James Exon…
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