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 regulatory dark matter beyond Washington’s graveyard of rules: 83,141 ghosts and counting
The clocks have turned back, the days are growing darker, and Washington’s regulatory shadows lengthen. Washington’s policy ghouls are waking up to the fact…
Blog
The week in regulations: Space modernization and closed captioning
Sir Patrick Stewart passed away at age 86. GDP growth came in higher than average for the third quarter, but so did September’s PCE…
Blog
Free the Economy podcast: Affording the American Dream with Akash Chougule
In this week’s episode we cover what’s making housing so expensive, the common good of the Constitution, and more jawboning…
Search Posts
Blog
This Week in Ridiculous Regulations
The latest Mad Libs-style political feud involves the NBA, the television cartoon South Park, and the Chinese government. President Trump also issued a pair of…
Blog
President Trump Signs Executive Orders to Improve Use of Guidance Documents
President Donald J. Trump on October 9th signed two executive orders (EOs) intended to improve and limit the use of guidance documents. This is good,…
Blog
More Shields and Fewer Swords in Realm of Federal Regulation
Yesterday the New Civil Liberties Alliance (NCLA) held a fascinating event on one of their marquee cases, Baldwin v. United States (read more in my…
Inside Sources
5 Reasons Trump Is Right to Save Incandescent Light Bulbs
Americans will have more freedom of choice now that the Trump administration’s Department of Energy has set about undoing Obama-era regulations targeting incandescent light bulbs in favor…
News Release
CEI Commends Executive Action Restricting Use of Regulatory Dark Matter
The White House today announced President Trump will sign two executive orders aimed at stopping the practice of agencies using guidance documents to effectively implement…
Blog
Software Solutions for Regulatory Reform?
On Friday, the C. Boyden Gray Center for the Study of the Administrative State held a fascinating conference, “The Administration of Democracy,” which covered issues…
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