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 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 to…
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 shout…
Blog
The week in regulations: Bone void filler and halibut action
May’s job numbers were strong for the third month in a row, though job growth since Liberation Day remains under 100,000, for a labor force…
Search Posts
Blog
Education Department Undermines Due Process and Accuracy in Campus Sexual Harassment Cases
On April 4, the Education Department's Office for Civil Rights (OCR) sent the nation’s school officials a letter urging them to water down…
Blog
Los Angeles (City) Won’t Refuse Permits for Condomless Porn
After years of fighting and failed attempts to force Los Angeles County to require condom-usage on adult film sets, AIDS activists were finally successfully…
Op-Eds
The Obama Tax Hike Machete
In his deficit reduction “vision” speech on Wednesday, President Obama tried to distinguish his plan from that of House Budget Committee…
Blog
China Bans Time Travel
In further proof that communists never won the culture war in China, they merely shut down culture altogether, the Chinese government decided this week to…
Blog
STB Should Ignore Calls to Re-regulate Railroads
Yesterday, I filed a comment letter with the Surface Transportation Board (STB) on behalf of CEI regarding the board's request for comments prior to…
Blog
The Environmental-Industrial Complex
Sometimes the green part of green regulations isn't the environment. It's money.
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