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: Cyber sanctions and tinnitus relief devices
Inflation is now more than double the Federal Reserve’s target. The Iran war heated up again. Agencies issued new regulations ranging from vending stands to…
Blog
Free the Economy podcast: Taxing the rich with Jared Walczak
In this week’s episode we cover America’s low-income churn, reforms to civil asset forfeiture, changes to vehicle emissions testing, a shout…
Blog
The week in regulations: Bone void filler and halibut action
May’s job numbers were strong for the third month in a row, though job growth since Liberation Day remains under 100,000, for a labor force…
Search Posts
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…
Op-Eds
Stunting Corporate Growth
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Robert J. Samuelson [op-ed, Dec. 22] dismissed legitimate concerns about the effects of the Sarbanes-Oxley Act…
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