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 most powerful monopoly isn’t a corporation: Introducing the Capitol Control Quotient
Policymakers often argue over whether capitalism works and how aggressively it should be restrained. But they rarely ask the more pertinent question: where, exactly, does…
Blog
The week in regulations: Fusion machines and suspicious health care
President Trump launched a preemptive war with Iran, leading many to question the true worth of the FIFA Peace Prize. The 2026 Federal Register topped…
Blog
Minimum lot sizes, maximum costs
When Americans think about the housing affordability debate, they tend to picture cranes, lumber prices, or mortgage interest rates. It is certainly important to focus…
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Op-Eds
Laws Can’t Protect Kids from Porn
When it comes to protecting kids from porn on Internet Web sites, should “community standards” apply that would restrict materials regarded by the…
Op-Eds
New Laws are Unnecessary
Politicians of all stripes are rushing into the Enron fray, eager to use this event as the pretext for enacting new regulations and laws against…
Op-Eds
New Laws Are Unnecessary
Politicians of all stripes are rushing into the Enron fray, eager to use this event as the pretext for enacting new regulations and…
News Release
Nation Goes Back To Work Of Economic Recovery
Washington, D.C., September 20, 2001— The terrorist attacks of last week have left a heavy burden on the United States – psychologically, politically,…
News Release
Wall Street Journal Advises President Bush to Follow CEI’s Lead on Regulatory Reform
Review & Outlook Father Knows Best As commander in chief, George W. Bush now outranks his dad. But there are still things he…
Op-Eds
Old Law vs. The New Economy: How New Deal-era Regulations Stifle Flexible Work Arrangements
Delong Article Published In Reason Magazine<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> In August 1997, a certain Mr. T. Trahan of CSC…
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