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…
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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
Red & Green: Is the President Cutting Enough Environmental Fat?
If you believe the rhetoric from environmental activists about the Bush-administration budget, you would think that the world would come to an end if…
News Release
Bush Budget Missteps On Energy, Environment, Regulatory Reform
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Contact for Interviews: Christine Hall, 202.331.2258, or Richard Morrison, 202.331.2273…
News Release
CEI Scholars Respond to Bush Budget
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> OVERVIEW Analysis from CEI Vice President for Policy Clyde…
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…
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