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
An America250 funeral for the 80-year-old Administrative Procedure Act
Clyde Wayne Crews Jr. As America approaches its 250th anniversary, another institution reaches a milestone of its own. The Administrative Procedure Act of…
Blog
The week in regulations: Cyber sanctions and tinnitus relief devices
Inflation is now more than double the Federal Reserve’s target. The Iran war heated up again. Agencies issued new regulations ranging from vending stands…
Blog
Free the Economy podcast: Taxing the rich with Jared Walczak
In this week’s episode we cover America’s low-income churn, reforms to civil asset forfeiture, changes to vehicle emissions testing, a…
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Products
Chapter 3: Page counts and numbers of rules in the Federal Register
The Federal Register is the daily repository of all proposed and final federal rules and regulations. Although its number of pages is often cited as…
Study
Ten Thousand Commandments 2024
The hidden tax of regulation has proved appealing to lawmakers who feel the pressure of a national debt topping $34 trillion. Off-budget regulations requiring…
Products
Chapter 1: Biden’s whole-of-government regulatory philosophy
Prior editions of Ten Thousand Commandments extensively surveyed the Biden administration’s whole-of-government campaigns and the role of executive actions, rules, and memoranda in their pursuit.
Testimony
Wayne Crews testimony before the Committee on House Administration: “Congress in a Post-Chevron World”
Introduction Chairman Steil, Ranking Member Morelle, and Members of the House Committee on Administration, thank you for the opportunity to testify today on issues…
News Release
CEI study: Congress should establish limits on regulatory power to ensure agencies are not answering major policy questions
Many of the biggest policy decisions affecting the lives of Americans are made by federal agencies, not Congress. According to a new report…
Study
Congress, Not Agencies, Should Answer Major Policy Questions
Many of the biggest policy decisions affecting the lives of Americans are made by federal agencies, not Congress. During the Biden administration, this has…
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