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
Is Congress even trying? 3,248 new rules vs. 175 laws
In 2024, federal agencies issued 3,248 rules and regulations, while Congress enacted only 175 laws. I refer to the simple ratio—19 rules for…
Blog
Free the Economy podcast: Draining the swamp with Jim Bovard
In this week’s episode we cover fake endangered species, Pennsylvania’s climate policy showdown, a robust defense of property rights in New…
Blog
This week in ridiculous regulations: Seat belts and eagle possession
This week’s roundup will be a little different than usual. Since the new year began mid-week, and I already published a breakdown of 2024’s year-end numbers, as…
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Issues & Insights
How Bureaucrats Ruin Everything From Dishwashers To Gas Cans To Cars
Issues & Insights cites CEI’s recent petition for increased efficiency in dishwasher cycles. The DOE was responding to a petition from the Competitive Enterprise Institute,…
Blog
Guidance Documents of the Week: Consumer Product Safety Commission
Guidance documents are statements of policy issued by your favorite alphabet soup of agencies, which more often than not translate into law, despite rarely going…
Marketplace
Labor Department Deregulation Expected to Pick Up Steam After Acosta
Marketplace cites Policy Analyst Trey Kovacs on deregulation efforts from the Department of Labor. “He certainly took what I would say is an…
Blog
This Week in Ridiculous Regulations
Washington, D.C. was hit by a flash flood, but agencies were still able to publish new regulations ranging from electric program procedures to Fort Ord…
Industrial Heating
Regulations – Reform and Removal
Industrial Heating cites CEI’s 10kc report. A Competitive Enterprise Institute survey found that the U.S. has $1.9 trillion in hidden taxes via federal…
Blog
Guidance Documents of the Week: Social Security Administration and Treasury
Guidance documents are statements of policy issued by your favorite alphabet soup agencies, which more often than not translate into law, despite rarely going through…
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