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
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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…
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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…
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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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CEI Files New Challenge to the Administration’s Fuel Economy Standards
CEI General Counsel Sam Kazman discusses the issue with Walter Kreucher, one of the petitioners in the case, Walter Kreucher, a retired automotive engineer who…
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The Economy after COVID-19 Will Be Different from Before, Part One
As governors begin to lift restrictions on economic activity, polling data show that Americans are generally still afraid of the virus and have changed their…
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Like the Sun Not Rising in the East?
The Federal Register, the official daily government publication of regulations, proposed rules, and similar items did not go online today. We were awaiting today’s Federal…
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The Coronavirus Outbreak Highlights Importance of the Artificial Intelligence Debate
Tracing of individuals and other measures involving artificial intelligence are in the news with respect to managing individuals’ reentry into the economy in the wake…
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This Week in Ridiculous Regulations
New unemployment applications were down to 4.4 million last week. This is still more than an order of magnitude greater than the pre-coronavirus record. With…
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DEREGULATION IN AN EMERGENCY: The President’s Emergency Powers Include Not Just Imposing Regulations on Industry, but also Suspending Regulations
Across the country, governors have suspended harmful regulations on an emergency basis due to the COVID-19 crisis. The improvements that have resulted have got people…
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