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
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…
Blog
Biden’s regulatory landscape: A year-end analysis
As we ring in 2025, the Federal Register reveals a noteworthy chapter in regulatory history under the Joe Biden administration. We take our traditional year-end look at it here. The 2024 Federal Register closed…
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The Washington Examiner
Biden Ramps up Costly Regulations and Hidden Taxes
The Washington Examiner cites Vice President for Policy Wayne Crews on President Biden and regulations: “Halloween may be over but Tyrannosaurus Regs…
News Release
CEI Experts Weigh In on Reconciliation Framework Agreed to by White House and Congressional Democrats
WASHINGTON – The White House and congressional democrats announced agreement on a “framework” for a reconciliation bill that will spend nearly $2 trillion and includes…
News Release
U.S. Economic Growth is Slow, Bouncing Back, but Government Big Spending Remains a Threat
The U.S. economy grew at a 2 percent annualized rate in the third quarter of 2021, the slowest increase since the close of the 2020…
Forbes
Congress Should Charter an “Office of No” to Counter Federal Overregulation
While you’ll never hear it from NPR or the rest of the monoculture media, “rule of flaw” by federal agency bureaucracy can impede economic…
Blog
IRS Licensing of Tax Preparers Is Ripe for Abuse
Roughly a quarter of all jobs in America now require some sort of occupational license. Sixty years ago, it was about one job in…
Blog
September Inflation Remains High and Fixable
Inflation remains high, with September’s numbers coming in at a 5.4 percent annualized rate, the highest number in a decade. The Federal Reserve’s target…
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