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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Free the Economy podcast: Affording the American Dream with Akash Chougule
In this week’s episode we cover what’s making housing so expensive, the common good of the Constitution, and more jawboning…
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The week in regulations: Mailing live animals and crash test dummy comments
A Trump administration envoy to Russia called Vladimir Putin a humanitarian. The Justice Department announced it will sue if the Republican Senate candidate in…
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Free the Economy podcast: The Grim Old Days with Chelsea Follett
In this week’s episode we cover global energy security, a new lawsuit against Section 338 tariffs, and fresh talent in…
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This Week in Ridiculous Regulations
Contrary to my earlier prediction, the number of new regulations this year did not pass 2,000 last week, ending the four-day week at 1,991. Meanwhile,…
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Trump Tariff Costs to Outweigh Benefits from Deregulation
Early in the Trump administration, a series of executive orders slowed the growth of new regulations and removed some existing rules. From the start of…
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Department of Energy Expands Consumer Choice in Light Bulbs
The Trump administration took a pro-consumer step today as the Department of Energy finalized a rule that will allow certain types of lower-cost light bulbs to…
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This Week in Ridiculous Regulations
The UK parliament will soon be suspended for a five-week period, something the U.S. Congress should consider emulating as often as possible. Over in the…
News Release
New CEI Video Urges Americans to Show Their Support for Faster Dishwashers
The Competitive Enterprise Institute (CEI) today released a new video making the case for a new Department of Energy (DOE) regulation allowing faster dishwashers and…
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This Week in Ridiculous Regulations
A humorous diplomatic row over Greenland was not the only news of the week, with China tariffs, divisive rhetoric, and recession fears also putting in…
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
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- Regulatory Reform
Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
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Sam Kazman
Counsel Emeritus
- Antitrust
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- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
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- Energy and Environment