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…
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News Release
Supreme Court Nominee Alito Good News
Washington, D.C., October 31, 2005—The President's nomination of Third Circuit Judge Sam Alito to serve on the Supreme Court is good news.<?xml:namespace prefix…
Ideas in Action
LordD have MerCIe Vpon Vs
In some places in London, you can find scratched on old walls the imprecation, LorD haVe MerCIe Vpon Vs. The curious arrangement of the capital…
Products
CEI Planet: September – October 2005
Full Document Available in PDF No Regulation Without Representation…
Products
Batman’s Lessons
Given the enormous amounts of money advocates of bigger government throw about these days, many market liberals long to find our own “George Soros.”…
Products
No Regulation Without Representation
The exact cost of the federal regulatory state may never be fully known. As with taxes, firms generally pass along to consumers some of their…
Products
Testimony to the Subcommittee on Regulatory Affairs of the House Government Reform Committee, July 27, 2005
Chairwoman [Candice] Miller [R-Mich]. Ranking Member [Stephen] Lynch [D-Mass] and Members of the Subcommittee, thank you inviting me to comment on congressional regulatory reform initiatives. …
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