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
Free the Economy podcast: Sesquicentennial celebration
In this week’s episode we celebrate the show’s sesquicentennial anniversary – that is, our 150th episode. We look back at the dozens of smart,…
Blog
Shutdown lesson: Depend less on DC
The record-length shutdown showed how dependent many Americans are on Washington. This is one of the biggest flaws in the ongoing nationalization of politics. In…
Blog
The week in regulations, the final shutdown edition: Manifest mailing and broken trash incinerators
The federal shutdown is over. Since the Federal Register has a few days’ lag time for publishing agency documents, it will likely take until this…
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Op-Eds
Time to End the Breast Implant Circus
Two weeks ago, the U.S. Food and Drug Administration convened an expert advisory panel to review and make recommendations on two silicone breast implants…
Op-Eds
American Dream or American Politics?
To the Editor: Roland J. Hwang has a curious approach to the issue of the auto industry's future (“Hybrids can propel Big 3…
Op-Eds
One Bundle, Many Antitrust Laws: The Dilemma for Digital Products
Alongstanding question in the software debate is whether operating systems and components such as browsers and media players are really separate products bundled as one or…
Products
Mandated Recycling of Electronics: Creating a Mountain out of a Landfill
This article is based on the report, Mandating Recycling of Electronics: A Lose-Lose-Lose Proposition , published by CEI, February 2005. Haste maketh waste in the…
Products
One, Two, Many Broken Windows
Full Document Available in PDF Albert Einstein is often attributed with defining…
Products
Ponzi’s Scheme: The True Story of a Financial Legend
Full Document Available in PDF Many have heard…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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