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
This week in ridiculous regulations: Lime emissions and stabilizing the Western Balkans
The 2024 Federal Register set a new all-time record page count on December 3. It surpassed 2016’s record of 95,894 pages with nearly a month to spare. Syria’s dictatorship…
Blog
Biden breaks Federal Register record
Joe Biden’s administration has set a new Federal Register record with 96,088 pages as of December 3, 2024, surpassing the Obama administration’s 95,894 pages in…
Blog
This week in ridiculous regulations: Milk marketing and sport fishing
It was a shortened week on account of Thanksgiving. Agencies issued new regulations ranging from fed cattle to general service lamps. On to the data: • Agencies issued 57 final regulations last week,…
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Blog
This week in ridiculous regulations: Gag harvests and helium contracts
Populist Republicans got rid of Speaker of the House Kevin McCarthy. In a classic bit of political strategy, they did not have a replacement in…
News Release
CEI Supports Legislation from Sen. Rick Scott to Cut Back on Outdated, Duplicative, and Unnecessary Rules
Sen. Rick Scott (R-FL) recently introduced the Unnecessary Agency Regulations Act, a bill that directs the Office of Management and Budget’s Office of Information…
Blog
This Week in Ridiculous Regulations: Tea Experts and Coin Batteries
Ukrainian President Volodymyr Zelenskyy visited America. The federal government is a week away from a potential partial shutdown. Sen. Bob Menendez was…
Blog
Flawed guidance for monetizing nature should be withdrawn
The Office of Information and Regulatory Affairs (OIRA) has proposed new guidance aimed at improving how federal agencies account for environment-related costs and…
Forbes
Regulatory Reforms Belong In The FY2024 Budget Deal
Certain regulatory reforms with deep bipartisan endorsement should be incorporated into contentious fiscal budget agreements, particularly when spending cuts are difficult (which is always). We’re…
Frederick News Post
A new proposal for constitutional restoration
Now that Congress has gotten past debt-ceiling drama, next up is wrangling the nation’s budget for the coming year. A budget is about policy and…
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