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
An executive order to make freedom mandatory
The White House Office of Management and Budget’s (OMB) new “Streamlining the Review of Regulatory Actions” memorandum signals a potentially transformative shift in Washington’s…
Blog
Free the Economy podcast: Charting tariff madness with Joey Politano
In this week’s episode we talk about changes in consumer credit, disappearing fast-food jobs in California, and six things the climate movement…
Forbes
Regulation Renovation: The Executive Order To Make Deregulation Permanent
The White House Office of Management and Budget’s new Streamlining the Review of Regulatory Actions memorandum signals a preferential stance toward deregulation, urging…
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News Release
Free Market Reaction to the State of the Union
Contact: Richard Morrison, 202.331.2273 Washington, D.C., February 2, 2005—President Bush’s State of the Union address tonight will expound his vision of an “Ownership Society,” in…
Study
The Viability of Municipal Wi-Fi Networks
Full Document Available in PDF Ownership of broadband networks by municipalities,…
Op-Eds
Different Technology, Similar Service
In the absence of competition, regulations serve to protect consumers against monopoly market power. This is, in theory, the reason why the telecommunications…
Products
Medicine Could Reach for Stars, FDA Willing
Full Document Available in PDF When Bill Gates and Paul Allen…
CEI Planet
CEI Planet: November 2004
Full Document Available in PDF In this issue: “Freeing the Biotech Revolution” by Henry…
News Release
Study: Consumers Could be Hurt by Federal Regulation of Insurance Industry
Contact for interviews: <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Richard Morrison, 202.331.2273 <?xml:namespace prefix = st1…
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